Georgia’s workers’ compensation system generally prevents employees from suing their employers for workplace injuries. They must instead file a workers’ comp claim for medical expenses and lost wages. However, some cases may permit workers to pursue personal injury claims against third parties.
Understanding your rights after suffering a workplace accident is critical to pursuing the full compensation you deserve. An attorney with a thorough knowledge of Georgia workers’ compensation law can review your case and explain your options during a free consultation.
What If a Third Party Caused My Work Injury?
Negligence or other legal fault by a third party – someone other than your employer or a fellow employee – may have caused or contributed to your workplace injury. Potential third parties include manufacturers of defective equipment, contractors or subcontractors working on the same site, and motorists who hit workers driving as part of their job.
If a third party is responsible for your injuries, you may be able to file a personal injury lawsuit against them in addition to your workers’ compensation claim. This third-party claim can help you recover money for losses that workers’ compensation does not cover, such as pain and suffering, loss of enjoyment of life, and the full extent of your lost wages.
It’s important to note that your employer’s workers’ compensation insurance company may have a lien on any third-party settlement or award you receive. This means they may be entitled to recoup the cost of benefits they have already paid you.
What Is the Employer’s Responsibility When a Worker Is Injured in Georgia?
Under Georgia’s workers’ compensation laws, employers have the following responsibilities when an employee suffers a workplace injury or illness:
- Providing prompt and appropriate medical treatment for the injured worker
- Reporting the injury to their workers’ compensation insurance carrier within the required timeframe
- Paying the employee’s authorized medical expenses related to the injury or illness
- Paying the employee’s wage replacement benefits if the injury causes them to miss more than seven days of work
- Making reasonable efforts to accommodate the employee’s return to work or provide vocational rehabilitation if they cannot return to their previous job due to the injury
- Cooperating with the workers’ compensation claim process and providing necessary information on time
- Employers who fail to meet these responsibilities may face penalties, fines, or legal action.
What Benefits Can Workers’ Compensation Provide?
All employers in Georgia with three or more employees must carry workers’ compensation insurance. After suffering a workplace injury in Georgia, a workers’ comp claim can give you access to the following benefits:
- Medical benefits – Injured workers have a right to have their medical bills covered without being responsible for any out-of-pocket expenses or copays.
- Wage replacement – If your work-related injury causes you to miss work for more than seven days, you can receive two-thirds of your average weekly pay (subject to a cap set by the state).
- Rehabilitation support – If your injury results in a disability that prevents you from returning to your former job, you should be eligible for vocational rehabilitation to help you train for a different line of employment.
Injured workers are typically entitled to these benefits regardless of who was at fault for their injuries.
Will Workers’ Compensation Provide Compensation for Pain and Suffering?
In Georgia, workers’ compensation benefits do not cover pain and suffering. This compensation is only recoverable through a personal injury claim.
How Long Do I Have to File a Workplace Injury Claim in Georgia?
Georgia law requires injured workers to report any workplace injury to their employer within 30 days. They then have up to one year to file their workers’ compensation claim.
If you are filing a third-party personal injury claim, you generally have two years from the accident date to initiate legal action.
Missing these deadlines can result in losing your right to compensation. Rather than risk that possibility, work with a knowledgeable Georgia workers’ compensation attorney to complete all filings in time.
How Can a Workers’ Compensation Lawyer Help Me with a Third-Party Liability Lawsuit?
If a third party’s negligence caused or contributed to your workplace injury, a skilled Douglasville workers’ compensation lawyer can provide the support and advocacy you need when pursuing a third-party liability lawsuit. Here are some ways an attorney can assist you:
- Investigate the accident – Your lawyer will thoroughly look into the circumstances surrounding your accident, gather evidence, and identify all potential third parties who may be liable.
- Determine the value of your case – An experienced attorney can evaluate the full extent of your losses, including medical expenses, lost wages, pain and suffering, and other losses that may be recoverable through a third-party claim.
- Handle the workers’ compensation claim – While they pursue a third-party lawsuit, your lawyer can also handle your workers’ compensation claim and fight for any medical and wage replacement benefits you are entitled to.
- Negotiate with insurance companies – Your attorney will negotiate with the third party’s insurance company to demand a fair settlement on your behalf. If a reasonable settlement cannot be reached, your lawyer will be prepared to take your case to trial.
- Protect your rights – Your lawyer will advocate for your rights throughout the legal process and address any liens or subrogation interests held by your employer’s workers’ compensation insurance carrier on your behalf.
Having an experienced Douglasville workers’ compensation lawyer on your side can make the process of pursuing the maximum benefits available to you under the law more efficient and effective.
Contact a Georgia Workers’ Compensation Lawyer
A workplace injury can cause intense pain, debilitating stress, and overwhelming financial turmoil. And sadly, the process of recovering compensation for these losses can be perplexing. Fortunately, you don’t have to pursue your case alone. Instead, you can work with an experienced workers’ compensation attorney at Sherrod & Bernard, P.C. to demand the full amount you’re owed. Contact our team today for a free consultation to get started.
