Work Related Accidents
Under Georgia law, injured workers are entitled to workers’ compensation benefits provided by employer for an on-the-job injury or illness. Often, this is not enough money to set things right. Did you know that you may be entitled to collect workers’ compensation and seek other compensation as well?
What is a Work Related Injury Claim?
If your work-related injury was caused by the negligence of a company or person other than your employer, you may have a case against that other person or entity. A worker injury claim may allow you to recover money for losses in addition to receiving workers’ compensation.
At Millar & Mixon, LLC, we have a record of securing results for injured workers and their families in Atlanta and across Georgia. If you believe that you have a worker injury claim, contact us immediately. We will review your case right away for free. Call our toll-free number or complete our online form to meet with us.
How Do I Know if My Work Related Injury Would Make a Valid Worker Injury Claim?
You want to make an informed decision. Let an Atlanta personal injury attorney who focuses on worker injury claims review the specifics of your accident at no charge and determine whether there are other potentially responsible parties who may be held accountable. Then you can decide whether to pursue a worker injury claim.
The attorneys of Millar & Mixon, LLC, help injured workers or surviving family members determine whether a worker injury claim is a valid option after an on-the-job injury or death. If you would like to know more about your rights and the legal options available to you in your case, don’t delay in contacting our firm.
Why Pursue a Work Related Injury Claim?
You often stand a better chance of receiving full compensation if you can bring an injury claim against an outside party rather than if you are limited only to workers’ compensation. Georgia workers’ compensation income and death benefits are based on a percentage of a worker’s weekly wage. Most income benefits are capped. A worker injury claim is not subject to those same caps.
Because of the limited amount of benefit money provided by workers’ compensation, many workers or loved ones of those killed on the job should consider a worker injury claim.
What Are the Most Common Workplace Injuries?
According to the U.S. Department of Labor latest workplace data for 2013, the most common accidents causing injuries and days away from work for workers in the United States are:
- Being struck by objects
- Falls to same level or lower level
- Overexertion in lifting
- Repetitive motion
- Exposure to harmful chemicals
- Transportation accidents
- Fires and explosions
- Workplace violence.
Who is Subject to a Work Related Injury Claim?
In a worker injury lawsuit, a worker injured on the job sues some other person or entity besides their employer. To be successful, you must demonstrate that the at-fault party was negligent or breached some legal duty owed to you. For example, a delivery driver who is injured in a traffic accident caused by another driver would be entitled to workers’ compensation benefits from his or her employer. The injured delivery driver may also have a valid worker injury lawsuit against another motorist who caused the accident.
A work related injury claim is often based upon:
- Car accidents – Motor vehicle incidents are among the leading causes of job-related injuries in the U.S. If your job duties included driving a car, and you were injured in a wreck, you may have a claim or lawsuit against the driver of the other vehicle (the third party in the liability claim) even if you were on the job when the accident happened.
- Faulty/defective equipment – Malfunctioning machinery or equipment can cause injury and death at a jobsite. If you are a worker harmed by such equipment, there may be a case against the manufacturer and/or distributor of the equipment or machinery. There may also be a claim against an outside company for failing to properly maintain or repair your company’s equipment. Such a claim should be investigated if there were recalls, warnings or similar incidents pertaining to the equipment / machinery involved in your injury.
- Faulty design/supervision – In some cases, the jobsite itself is dangerous. For example, if you are injured in a construction accident, the general contractor, architect or engineer in charge of the construction project may have been negligent. This is often the case when a wall, stairway or even an entire building collapses.
- Property hazard – The owner of any property may have a legal responsibility to ensure that the property is safe for visitors. If you are an employee sent to work on a property owned by a company or individual, and you are hurt there, you may have a worker injury claim if a dangerous condition on the property contributed to the accident. A property owner might be held accountable for the hazardous property conditions that caused your injury or illness.
- Number of work related back injuries in 2013: 170,190
- Number of work related falls, slips and trips: 229,190
- Number of work related sprains, strains and tears: 327,060
- Number of fatal work related traffic accidents: 1,099
- Number of fatal falls: 724
What’s at Stake in an On-the-Job Injury Claim?
A claim or lawsuit may seek money for:
- Medical expenses
- Property damage, such as in a car accident
- Lost income
- Pain and suffering
- Wrongful death
- Punitive damages (for egregious conduct that contributed to the injury or harm).
If you are a worker who receives an award from a work related injury claim, your employer and the workers compensation insurance carrier may have the right to recover some or all of the benefits they paid out in your original workers’ compensation claim. This is known as a subrogation lien.
In Georgia, the liens are usually only enforceable if you have been “fully compensated” for your injury and losses resulting from the on-the-job injury. However, it often takes a lawyer to determine whether an employer or a workers’ compensation insurance carrier is entitled to receive money from your worker injury claim. The insurer may be asking for reimbursement that it is not entitled to receive.
In any case where both workers’ compensation benefits were paid and there has been a civil lawsuit recovery, we recommend consulting with an experienced lawyer such as one from Millar & Mixon, LLC.
Get Help from an Atlanta Injured Worker Claims Lawyer
As expenses mount after a workplace accident, you and your family should explore all avenues for monetary assistance. Our attorneys have the training and experience to recognize how a worker injury lawsuit might apply after a jobsite accident. We can also help you to determine which person or entity should be subject to a claim.
At Millar & Mixon, LLC, we are devoted to helping injured workers obtain all of the compensation they need and deserve. Learn more by calling us today at our toll-free phone number or submitting our online form. We answer our phones 24/7 for your convenience. If you do not speak with an attorney immediately, your call will be returned promptly. Our consultations are always free.