Have You Been Injured on The Job?

Have you been injured on the job or at your workplace due to an accident? Reach out to us for the legal support you deserve. Our hard working and determined team of work injury attorneys in Atlanta know how such incidents can turn your world upside down—impacting your family and draining your finances. Allow us to step in and guide you towards the compensation you need to rebuild. We’re committed to assisting you swiftly and effectively. And, should your case be beyond our scope, we won’t leave you stranded—we’ll connect you with another lawyer or firm who can take up your cause. Call us today and let’s start your journey to recovery together.

Workers Compensation vs. Third-Party Claims – Which One Do You Have?

Yes, there are differences. Knowing the differences between a workers comp claim, and a work injury lawsuit can help you understand what compensation is available to you.

How Can I Know if I Have a Valid Workers’ Compensation Claim?

If you’re in Georgia and wondering whether you have a valid workers’ compensation claim, here’s what you need to check: First, make sure you were officially an employee when the injury happened—unfortunately, independent contractors and volunteers usually aren’t covered. Next, confirm that your injury or illness is directly tied to your job duties. Remember, in Georgia, you have 30 days to report your injury to your employer, so timing is critical. Also, it’s essential to know that your employer should have workers’ compensation insurance as mandated by state law. Meeting all these criteria sets the stage for a legitimate claim.

How Can I know if I Have a Work Injury Lawsuit?

If you’re wondering whether you have a case for a work injury lawsuit, here’s how you can tell: First, check if someone’s carelessness caused your injury. This could be your employer, a coworker, or even another company. Your injury should be serious, perhaps causing long-term effects or major discomfort. Also, if your employer didn’t keep your workplace safe or broke safety rules, you might have a strong reason to sue. Sometimes, if your injury was caused by something or someone outside your company, like defective equipment or an external contractor, you could have a lawsuit against them.

Can You Have Both a Workers’ Comp Claim and a Work Injury Lawsuit?

Yes, in Georgia, you can have both a workers’ compensation claim and a work injury lawsuit, but under specific conditions. If you’re injured at work, you usually file a workers’ comp claim, which helps you get medical care and part of your wages without needing to prove your employer did something wrong. However, you can’t sue your employer directly if you go this route. But, if someone else, not your employer or a coworker, caused your injury—like if a machine was faulty or a contractor made a mistake—you might be able to sue that third party.

What Are Examples of Injured Workers with Both Workers’ Comp Claims and Injury Lawsuits?

Construction Worker with Faulty Equipment: A construction worker falls from scaffolding due to a defect in the harness equipment, which was manufactured by a third party. The worker files a workers’ compensation claim to cover medical bills and lost wages. Additionally, they file a lawsuit against the harness manufacturer for producing a faulty product that caused the accident.
Factory Worker Exposed to Toxic Chemicals: A factory worker develops a serious respiratory illness after being exposed to toxic chemicals at work. While the employer did provide some level of safety measures, the chemicals were supplied by an external company that did not properly warn of the hazards. The worker files for workers’ compensation for immediate health coverage and wages, and also sues the chemical manufacturer for negligence in failing to provide adequate warnings and safe handling instructions.
Delivery Driver in a Vehicle Accident: A delivery driver is injured in a car accident caused by a faulty brake system, where the vehicle was serviced by an outside vendor under contract. The driver receives workers’ compensation benefits from their employer for their injuries. They also pursue a personal injury lawsuit against the vehicle maintenance company for negligence in failing to properly repair the brakes.

Can Suing an Employer for a Work Injury Result in Higher Compensation Than Workers’ Comp?

Yes, suing an employer for a work injury can sometimes result in higher compensation than what you’d get from workers’ comp. Workers’ compensation gives you benefits like medical care and part of your lost wages without needing to prove that your employer did something wrong. But it doesn’t cover everything. For example, it doesn’t pay for pain and suffering or full lost wages. If you sue your employer—which is only possible in certain cases, like if they intentionally harmed you or were clearly negligent—you might get more money because you can claim these additional damages.

Does an Injured Worker Have to Choose Between Suing Their Employer and Filing for Workers’ Compensation?

In Georgia, an injured worker generally does not have to choose between suing their employer and filing for workers’ compensation because the situations in which both apply are typically mutually exclusive. Workers’ compensation in Georgia is a no-fault system designed to provide benefits like medical treatment and wage replacement quickly and without the need for litigation. When an employee files for workers’ compensation, they typically cannot sue their employer for the injury due to the “exclusive remedy” rule, which makes workers’ comp the only remedy against an employer in most cases.

However, there are rare exceptions where an employee might be able to sue their employer, such as cases involving intentional acts or extreme negligence that goes beyond typical workplace accidents. More commonly, if a third party—not the employer—is responsible for the injury, the worker can file a workers’ compensation claim and also pursue a lawsuit against that third party. But directly suing the employer while receiving workers’ compensation is usually not an option under Georgia law.

Types of Claims for Work-Related Injuries

Personal Injury Claims When you’re injured because someone else has been careless, as in the case above, you may be able to file a personal injury claim in addition to your workers’ compensation claim, just as you would if you were not working when you were injured. The case then proceeds just like most other personal injury claims, and you may be able to recover both workers compensation benefits and injury damages. If you decide to file an action against an at-fault third-party, you could be eligible to receive payment for losses not limited by workers’ compensation insurance, including:

Medical expenses not covered by workers compensation
Property Damages (to your car, for example)
Lost Income (at your full usual rate, not the 2/3 limited by Work Comp)
Pain and Suffering (personal)
Future loss of quality of life
Damages for the full value of a Wrongful Death (not limited by the Ga. WCA)

Georgia Workers-Compensation Subrogation Liens

If you do receive compensation from both the workers compensation carrier and the negligent party, you may be faced with a request from the workers’ compensation insurance company to be reimbursed the benefits it paid.  We call this right to recover money from your settlement a Subrogation Lien.

It is important to have any request for repayment from a work comp insurance company reviewed by an attorney.  Many workers compensation liens are not enforceable against your personal injury settlement, but do not expect the insurer to tell you whether “their” payments must be reimbursed. A good injury lawyer will fight to help you keep as much of the settlement as legally possible.

On-The-Job Automobile Accident Claims

If you were hurt in an auto accident while working, you should be able to obtain workers’ compensation benefits that will cover your medical bills and a percentage of your lost wages. However, if a non-employee caused your crash, you may pursue a personal injury claim against that other driver outside of workers compensation.

This is known as a third-party claim and could pay you additional compensation.  This includes your deductible and other general damages such as physical pain and suffering, mental distress, disfigurement, and the loss of intimacy and companionship that are not available from workers compensation.

How Workers’ Compensation Works If you Recover Money in a Lawsuit

Know your Georgia personal injury rights: If you were injured while working, and your employer’s workers’ compensation carrier has provided medical and lost income benefits, then the carrier would have a limited right to seek reimbursement from any verdict or settlement recovered in your case. This is often referred to as a “workers’ compensation subrogation lien.”

Limitations of a Subrogation Lien

A health insurer can seek reimbursement from a victim of a slip and fall incident, car accident, or other personal injury case, who recovers money from a third-person or company.  However, unless a workers comp insurance carrier can prove that you were fully compensated, or “made-whole” the insurer may not be entitled to be reimbursed, and the lien may not be enforced.

Knowledge is Your Best Resource

Insurance reimbursement or subrogation are important reasons to consult with the experienced personal injury attorneys at The Millar Law Firm before you speak with an insurance company representative or try to settle any personal injury claim on your own.

You may also want to check out Georgia’s Bill of Rights for employees injured on the job: O.C.G.A. 34-9-81.1, which is available in this great Atlanta, Georgia, legal resource here.

Common Work-Related Injuries Eligible for a Claim

A worker’s injury claim is very similar to other injury claims caused by the negligence of somebody else. Some of the more common cases involve injuries caused by the following: