Work Related Injuries
Nowadays, more and more employees are injured at work, while working, or on a job site. Under Georgia law, injured workers are entitled to workers compensation benefits including wage loss, medical treatment and disability. Workers compensation is provided regardless of who caused your injuries so long as you are deemed an “employee”.
Injured By Someone Else
In certain circumstances, an injured worker may have a personal injury claim. These situations typically arise where employment requires you to drive for your employer, where you work at a construction site, or where your employment requires frequent travel to locations away from your office. Unlike workers compensation law, a personal injury claim requires you to show that someone else is at fault (i.e. negligent) for your causing your injuries.
Some examples include:
- Getting involved in a car accident when making a delivery or errand for your employer
- Another companies’ employee acting negligently resulting in you getting hurt
- At a work meeting offsite where the owner of the property failed to keep it in good repair
- A defective product that you used while working
- A toxic substance that you were exposed to while at work
Which Claim to File
Georgia allows injured workers to pursue both a personal injury claim and a workers compensation claim at the same time. Both claims are separate and one does not directly affect the outcome of the other. In a workers compensation case, you are typically attempting to settle your future benefits – future lost wages, future medical treatment and future disability, if any. In a personal injury claim, you are attempting to recover your past medical bills, past lost wages, future medical bills, future lost wages, and an award for pain & suffering.
Importance to Hire an Attorney
It is essential that you hire an attorney to handle your personal injury claim and your workers compensation claim. Georgia law authorizes employers to recover workers compensation benefits paid out to you if you recover compensation in your personal injury claim. A knowledgeable personal injury claim lawyer will be able to argue reasons why they are not entitled to reimbursement to ensure that you receive fair compensation for your injuries.