One of the many unique characteristics of the workers’ compensation system in Georgia and every other state is that it is usually the exclusive remedy that an injured worker has against his or employer for compensation related to a “work-related” injury. A “work-related” injury for purposes of workers’ compensation benefits can include any number of incidents and can even happen outside the workplace; if you were making a delivery in a company truck and got into an accident or you injured your back while installing a large appliance at a customer’s home, for example.
Generally, an injured worker cannot sue their employer for damages in a personal injury lawsuit arising out of a work-related injury (one notable but rare exception is if the injury was the result of an “intentional tort” by the employer). Since workers’ compensation benefits are limited, this often leaves workers without compensation for pain and suffering or other damages that may be available in a civil personal injury lawsuit.
Third-Party Claims May Be Available
There are, however, situations where an injured worker may have a claim against other parties. Some of these situations include:
- If the injury was caused by a machine or a piece of equipment that was defective or unreasonably dangerous, a claim may be made against the manufacturer of the equipment;
- If the injury was caused by a toxic substance, the manufacturer of the substance may be liable;
- If the injury was caused by a third-party, such as the driver of another car, a claim may be made against that person or company.
If you’ve been injured at work, you should consult with an experienced Georgia personal injury lawyer who can review the circumstances surrounding your injury and determine whether claims and damages may be available beyond workers’ compensation.
Alan Welch Law: Experienced and Compassionate Brunswick Personal Injury Lawyer
If you or a loved one has been injured, please give me a call at (912) 265-9811 for a free consultation to discuss your situation. Together, we will figure out what happened, what we can do, and how we can take every possible step to bring you the comfort and compensation that can aid in your recovery.
This article has been prepared by J. Alan Welch Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.