When Can I Sue For A Work-Related Injury In Georgia?
If you are injured at your workplace in Atlanta or anywhere in Georgia, how you should proceed to receive compensation and support depends on a number of factors. For starters, if you are classified as an employee by your employer, you likely do not have the right to sue for injuries sustained at work or as a result of your employment. This is because you are covered by your employers’ workers’ compensation insurance. Workers’ compensation laws require that employers provide medical care and full or partial wage replacement to employees who are injured because of their job. In exchange for these benefits though, employers cannot sue their employer to recover for the injury. However, there may still be times where you can sue your employer or other parties due to a work-related injury, which our Alpharetta personal injury attorneys will explore below.
When You Can Sue for Work Injuries?
Although not comprehensive, the following are some of the most common examples of situations where you would have standing to bring a lawsuit for an injury that you suffered at work.
- You are not an employee and the company was negligent.
Workers’ compensation blocks employees from suing their employer, but because independent contractors are not eligible for workers’ compensation benefits, they are also not limited by the drawbacks, such as not being able to sue. Of course, the primary difference is that a workers’ compensation claim can provide coverage for any injury that happened at work, regardless of whether the employer or the employee caused it. No determination of fault is usually made unless the employee was acting outside the scope of their employment at the time the accident occurred. With personal injury claims on the other hand, it’s not enough to show that an injury occurred at your workplace, you must also be able to show that the injury occurred due to negligence on the part of your employer or another party. If your employer was negligent in causing your harm, such as by failing to adequately maintain and inspect equipment, or by failing to provide proper training or safety protocols, they may be sued for the harm that you suffered as a result.
- A non-employer third-party contributed to causing the accident or injury.
Regardless of whether you are an employee or an independent contractor, if you are performing your job when a third-party negligently causes you injury, you will likely have the ability to file a workers’ compensation claim as well as a lawsuit against the third-party who hurt you.
- A contractor was responsible for the accident or injury.
Some workplaces, such as warehouses and construction sites, may not be run entirely by the employing company. Contractors may be hired to bring in and manage heavy equipment and other aspects of construction. If one of these contractors is responsible for causing an accident due to their own negligence, you can likely bring a personal injury lawsuit against them as well as filing a workers’ compensation claim because you are an employee who suffered the injury at work.
Talk to Hawkins Spizman Trial Lawyers
If you have suffered a workplace injury in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or anywhere in Georgia, the experienced workers’ compensation and personal injury attorneys at Hawkins Spizman Trial Lawyers are ready to help. Contact us today and schedule a free consultation.