Types of Compensation and Damages You May Recover
The type of compensation you may receive for a work injury claim depends on whether you file a lawsuit or rely solely on worker’s compensation for coverage. Worker’s compensation is more limited and includes costs such as medical expenses, a portion of lost wages, and vocational rehabilitation.
If you file a lawsuit, you are entitled to compensation that makes you whole, which includes not only medical costs and lost wages (past and future) but noneconomic costs such as pain and suffering and diminished quality of life.
Statute of Limitations for Personal Injury and Workers Compensation
In Georgia, the statute of limitations to file a worker’s compensation claim is one year, while the statute of limitations for a personal injury lawsuit is two years. “Statute of limitations” means you have that specific amount of time to file a claim starting from the date you suffered the injury.
Am I suing an Individual or an Insurance Policy?
Any work injury claim you file against your employer is actually a claim against their insurance company. If your employer has worker’s compensation coverage, your claim is against that policy. If your employer does not have worker’s compensation coverage, your claim is against their business or general insurance policy. Because the insurance company pays your claim, the money does not come out of your employer’s pocket.

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