Nobody gets up in the morning and decides that they’re going to get hurt at work. Work-related accidents are just that – accidents. If you get hurt at work, you’ll probably have to file a worker’s compensation claim. Rarely can you sue your employer for damages sustained while on the job. There are times, however, when your work injury was caused by something other than your job. Perhaps equipment is faulty. If this is the case, you may have a claim against the manufacturer of the equipment. Or, if you slip and fall in Atlanta because of an unsafe condition on the property, you may have a premises liability claim against the property owner.
If you get hurt at work and think it falls outside of workers comp, call an experienced personal injury lawyer in Atlanta. They can review your claim and give you an idea of what your best options are. Keep in mind – there’s a good chance you’ll have to sue under worker’s comp. It is rare that a judge would allow you to file a personal injury lawsuit against your employer.
Your Atlanta Personal Injury Lawyer Would Have to Prove Negligence on the Part of Your Employer
In order to sue your employer for personal injury, your Atlanta injury attorney must prove negligence. In order to prove negligence, you’ll have to demonstrate four (4) things. These things are:
- Your employer owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were the result of this breach and didn’t occur during the normal course of your employment
This will be difficult for your attorney to prove. Most work-related accidents and injuries are covered under worker’s comp. Even if your personal injury lawyer in Atlanta files suit, the court may dismiss your case and tell you to file a worker’s compensation claim. If this happens, your attorney can still help you. But your case will be handled in a totally different way.
Instead of receiving damages, you will receive a different sort of benefit. You’ll be eligible for medical coverage and replacement wages until you recover from your injuries.
Your Personal injury Lawyer in Atlanta Has to Prove Damages
As long as you go to the hospital after your slip and fall in Atlanta, your lawyer should be able to prove your damages. They’ll need your medical records to prove that you were injured. Now they have to demonstrate exactly why you should have a claim for damages. Depending on your case, you may be able to demand any or all of the following:
- Medical Bills –Your damages will be limited to those directly caused by your accident. And, if your company covered these expenses through workers comp, you won’t be able to collect. Keep in mind, if your primary health insurance covering your bills, they will be the ones to be reimbursed.
- Lost Wages –It won’t be hard to prove lost wages because your employer is well aware of how much time you’ve missed from work. They can reference your timesheets and payroll records. If they deny these wages, your attorney can demand that they reimburse you. They’ll file suit if necessary.
- Pain and Suffering – Just as with any other sort of personal injury case, you can demand pain and suffering. This is meant to compensate you for mental and physical anguish caused by your injuries.
- Permanent Disability – Your employer will know if you aren’t able to work after your accident. You will have to prove that you qualified for disability. This can take time and can be very difficult to do. That’s why it’s a good idea to hire an attorney to do this for you.
Your attorney will do their best to prove your damages. You just have to keep in mind, there is a good chance that some of your damages will be covered under worker’s comp.
Contact an Experienced Personal Injury Attorney For Your Slip and Fall in Atlanta
If you have been hurt in any sort of work-related accident, you need to contact an experienced injury lawyer in Atlanta, Georgia today. When you sit down with them, they can answer any questions you may have. They can also review any paperwork you’ve received from your employer. This will give them a better idea of what you’re up against.
Call and schedule your free initial consultation today. Let a skilled attorney review your case and let you know what it may be worth.