Most people know, or should know, that if they get hurt at work, they are covered by workers compensation insurance. In fact, for the most part, that is your only remedy. If you get injured while on the job, you won’t be able to sue your company for personal injury. This is because the law is meant to protect your employer. They aren’t liable for the same sort of damages that other defendants are. Whether or not this is fair isn’t really up for discussion. That is a long debate for another day. However, there are times when you can file a lawsuit if you suffer a workplace injury in Georgia.
These cases are few and far between. Generally speaking, most work injuries are covered by workers comp. As long as you were doing your job at the time of your accident, you should be entitled to benefits. For example, if you hurt your back while picking up heavy boxes, you should be eligible for workers comp benefits. This includes both medical treatment and replacement wages. Unless you don’t follow your company’s policy, your claim should be paid. But what if your workplace injury in Georgia was the result of something other than just doing your job?
If you were hurt because a piece of equipment malfunctioned, or because someone was negligent, then you may be able to file a personal injury lawsuit in Georgia. The only way to know for sure is by talking to an experienced Atlanta, Georgia personal injury lawyer.
There are Very Few Situations in Which You Can File a Personal Injury Suit for a Work Injury
Usually, if someone gets hurt at work, they file a worker’s compensation claim. As long as everything is in order, the claim will be approved and you’ll get your benefits. These benefits include two things – medical treatment and replacement wages. Your employer’s insurance company will cover any medical treatment related to your workplace injury in Georgia. You’re entitled to the following monetary benefits:
- You will receive 2/3 of your average weekly wages
- Your benefits will be paid for up to 400 weeks
- If you go back to work part-time, you’ll get 2/3 of the difference in wages
- the weekly limit is $675
This may sound like a lot of money. However, when compared to a personal injury lawsuit, it’s not a whole lot. The big difference is in pain and suffering. Let’s say you fall from scaffolding while on the job. You’re out of work for 52 weeks. Your medical care is paid for and you get your weekly benefits for a year. Then, you return to work. You get nothing for pain and suffering or emotional distress.
Now, let’s consider that there was something wrong with the scaffolding. The company that made it used the wrong materials. If you’re able to sue the manufacturer for personal injury, you may be entitled to pain and suffering. This could mean the difference between getting nothing and getting millions of dollars. Your personal injury attorney in Georgia will work hard to get you as much money as possible. If they think you have a separate case in personal injury, they’ll let you know right away.
Call and Talk to an Experienced Personal Injury Lawyer in Atlanta, Georgia
When you get hurt at work, you don’t have time to fight with insurance companies or lawyers. You’re in pain and worried about how you’ll pay your bills. The last thing you want to hear is that your workers comp claim has been denied. And, if you suffer a lot of pain, then you’re not going to be satisfied with workers comp benefits. You are not entitled to pain and suffering under workers comp. All you get is medical care and replacement wages. And, once you’re ready to return to work, your claim is over. This can be frustrating, especially if your injuries were really serious.
There are occasions when you have the right to file a personal injury lawsuit, even if the accident happened at work. If this is the case, a personal injury law office in Georgia can help. This is why you need to call and schedule your initial consultation with our office. They’ll review your case and let you know if you have a claim at all. If you do, they’ll let you know how the law works and what to expect. The consultation is free and you aren’t going to have to pay a dime until your case settles.