When people who are hurt on the job come into their lawyer’s office, one of the first things they want to know is if they can sue their employer. When they hear that the answer is, generally, no, they don’t understand. They scratch their heads. If they got hurt on company property, why can’t they file suit against their employer? If they fell at the grocery store, they would surely be able to sue the store. Or, if they were in a car accident, they would be able to sue the other driver. So, why is it so different when it comes to employers in Georgia?
No matter where you live, if you get hurt on the job, you have to file a claim under workers’ compensation. In fact, employers are required to carry insurance for this purpose. If one of their workers are injured, they have insurance to cover it. This insurance covers their employee’s medical care and replacement wages. The employer doesn’t have to worry about their employee filing a personal injury suit against them.
This seems to trouble a lot of employees. They want to know why they’re limited to the benefits allowed under Georgia workers compensation. They figure they could get a lot more money if they could sue like anyone else. The thought of winning millions of dollars in court disappears. They are highly disappointed. That’s why we wanted to take a moment here to explain why the law works this way. We’ll also mention a few situations in which you can actually file a lawsuit against the company you work for. Either way, if you’re injured while on company property, you should call an experienced injury lawyer in Atlanta, Georgia.
Why Do You Have to File Under Workers Comp in Georgia?
If you get hurt at work in Georgia, you’re going to have to file a worker’s compensation claim. This is basically a way for you to get medical treatment after a work-related injury. You’ll also be eligible to receive replacement wages. However, you won’t be allowed to file a personal injury lawsuit. There are several reasons for this:
The State doesn’t want employers to worry about their employees filing frivolous lawsuits. It would not only be expensive to address these but it can also disturb the day to day functions of the business.
- They don’t want companies to worry more about litigious risk than engaging in interstate commerce.
- Companies would go bankrupt if they were held liable for all injuries in a civil manner.
- The courts would be tied up with thousands of trials if they allowed employees to sue under personal injury
This does not mean, however, that you never have the opportunity to file a personal injury lawsuit against your employer. There are limited situations in which you can do this.
You Can Sue Your Employer for Negligence?
If your employer is negligent and that is what caused your injuries, you can file a personal injury lawsuit. For example, if the company you work for forces their employees to use defective equipment, they may be held liable. Similarly, if a company maintains unsafe conditions, they can be found negligent. Your attorney will, of course, have to prove this.
Contact a Skilled Atlanta Injury Lawyer if You Get Hurt at Work in Georgia
Thousands of people in Georgia get hurt at work every year. They’re just doing their job and something goes wrong. This is to be expected. Accidents happen. You could be doing the same thing you’ve done a thousand times before and something happens. The next thing you know, you’re in the emergency room being told that you need surgery. You have no idea how you’re going to cover the medical treatment. You also worry about how you’ll pay your bills.
The good news is that your Atlanta worker’s comp lawyer will be able to help you file your injury claim. They’ll make sure you get the benefits you’re entitled to. This includes your medical care and replacement wages. However, it does not include things like emotional distress or pain and suffering. These types of damages are limited to personal injury lawsuits – not workers comp.
Call today and schedule your initial consultation. It’s absolutely free and you won’t pay a dime until you settle your case. You can sit down with someone who knows the law and can give you an idea of how your case will progress. Plus, they can answer any questions you might have.
