Injured on The Job, While Driving for Work, or at a Job Site or Conference?

Have you been injured on the job, at your workplace, or while driving for work or at a job site or conference due to an accident? Reach out to us for the legal support you deserve. Our hard working and determined team of Atlanta, Georgia work injury attorneys with offices in Atlanta, and near Decatur, Jonesboro and McDonough, Ga. can provide the legal support you deserve. When a work-related incident turns your world upside down, impacting your family and draining your finances, we guide you towards the compensation or resources you need to rebuild, assisting you swiftly and effectively. 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. You may be be able to increase your compensation by making both types of claims.

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, you may be entitled to workers compensation benefits if you were an employee or, in some cases, a temporary worker or borrowed servant, when the injury happened. Next, was your injury or illness directly tied to your job duties? (You may still have a claim even if you were on your way to or from work, work related matter, or even on a break). In Georgia, most employers are required by state law to have workers’ compensation insurance.

How Can I know if I Have a Third-Party Claim or Lawsuit?

If you were working at your job site, driving for your employer, or sometimes if you were at a remote site for work or for a conference and you were injured by someone who is not a co-worker or working for your employer, you may have a third-party injury claim. Common examples include being hit by a tram or forklift driven by an employee of another company while working in or visiting a warehouse or factory, being injured at a remote work meeting or conference, or being hit by another driver in a car accident while driving for a work related reason or (sometimes) while on a break or going from one work location to another. Other examples incjude being injured by defective machinery or equipment, or being injured by an external contractor.

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. In fact, this is very common. If you’re injured at work, you often may be able to file a workers’ compensation claim, which helps you get medical care and receive part of your wages without needing to prove your employer or anyone else did something wrong. However, if someone else who is not your employer or co-employee caused your injury, such as a worker for another company, delivery person, or member of the public, negligently caused the injury you may have both a workers compensation claim and a negligence case againt the person or company that caused your injury.

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

Warehouse or Factory Worker Hit by a Forklift or Tram: Many warehouses or factories have workers doing jobs for various employers at any give time. If you have been injured by the employee or worker for another employer, you may have both a workers compensation claim and a claim agains the other company or individual. Most such claims are insured by the at-fault person or their employer.
Construction Worker Injured By Worker From Another Company: Often, construction workers are injured by workers or contractors who are at the job site, but working for another company. An employee may may have a workers compensation claim through his or her own company to immediately cover medical bills and lost wages, and may also have a claim or a lawsuit against the company that caused the accident.
Driving to a Work Related Meeting or Attending a Conference: Employees who are working or attending to work-related business may have a workers compensation claim and a non-party or third-party claim. A common situation arises when a worker is traveling for business or is driving from one office location to another and becomes injured due to a car or truck accident caused by another (non-employee) driver.
Delivery Driver in a Vehicle Accident: A delivery driver is injured in a car accident caused by non-employee. Even though the crash was caused by a member of the public, a driver may receive workers’ compensation benefits from their employer for their injuries, while at the same time a driver may also bring a personal injury claim or lawsuit against the at-fault driver for negligence in causing the wreck.

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.

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.

What if I Have a Third-Party Claim for Work-Related Injuries?

When you’re injured because someone outside of your employer has been careless 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. Workers Compensation Act)

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 may include other general damages over and above what is available from workers compensation, such as physical pain and suffering, mental distress, disfigurement, and the loss of intimacy and companionship.

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

Know your Georgia personal injury rights: If you were injured while working and you have recovered money from a third party, while 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.

My experience with the Miller law firm was very professional and handled everything in a timely manner very courteous and very professional

Hayden H.

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: