Can I File A Workers Comp Lawsuit Against My Employer In Atlanta, Georgia?
As far as workers compensation in Atlanta, Georgia is concerned, it is important to understand that the system follows a no-fault philosophy. This means that it does not matter if your employer was at fault, you were at fault, or someone else at work was at fault. As long as you sustained the injury at work, fault is not an issue. Workers’ compensation injury is based on the principle that all employers in Georgia must have workers’ compensation insurance for their employees. If they don’t or if they refuse to pay an employee compensation for their injuries, the employee can file a workers comp lawsuit.
Theoretically speaking, if your injuries occurred while you were at work, workers’ compensation insurance would cover you for all your injuries. For the most part, your employer is protected from fault, even if they were grossly negligent. But at the same time as an injured employee, you will be entitled to receive workers’ compensation, even if you were directly responsible for the injuries. In a way, it is a fair system which does not focus on fault but rather on how to deal with the consequences of the injury.
Once an employer enrolls with the workers’ compensation program, they are protected against lawsuits by the employee. While this may sound unfair, without this protection, most companies would go bankrupt fighting workers’ compensation injury lawsuits and jobs would be scarce. You must understand that workers’ compensation also protects the employee. In case of an injury, the employee would receive compensation and would not be questioned about anything even if the injury was their own fault. That is why workers compensation injury programme is designed to be mutually beneficial for both employers and employees. When an employee accepts workers’ compensation, they also forfeit the right to sue their employer for any work-related injury.
As an employee, workers’ compensation will cover you for any injuries that occur at work. Workers’ compensation in Georgia will pay for the following in the event of an injury:
- All your medical costs as a result of the injury
- Reimbursement of lost wages
- Cost of rehabilitation
The only negative of workers’ compensation program in Atlanta, Georgia is that following a workplace-related injury, you will have to choose from a panel of healthcare providers. You do not have the flexibility to choose your own doctor.
When to File a Workers Comp Lawsuit
As mentioned above, workers’ compensation is theoretically designed to benefit both the employer and the employee. However, there are certain exceptions. First, you can file a workers’ compensation lawsuit against the employer if the employer does not carry workers’ compensation. They are breaking the law so as it is the employer is in a weak position.
You can also file a workers’ compensation lawsuit if your employer blatantly lies and claims that the injury you’ve incurred is not work-related. One of the main provisions of the workers’ compensation program is that the injury sustained should be in the workplace or while doing something work-related. If the employer denies that this is so and you have evidence that can prove that the injury was indeed work-related, you can file a workers’ compensation lawsuit against the employer.
In very rare cases, the workers’ compensation program may not give you what you may believe is adequate compensation for the injury. For example, you may be denied certain benefits, or you may be asked to return to work much earlier than you think would be possible for you after the injury. In some cases, workers’ compensation may even deny your claim of injury. In such a scenario, you could file a workers’ compensation lawsuit.
Another scenario where you could potentially file a lawsuit is if you are injured at work, and the injury was caused by a third party. Workers’ compensation only protects the employer and co-employees, but it does not protect you against other external parties who may be responsible for injuries. In such a scenario, you can file a workers comp lawsuit for any injury, negligence or product liability claims. For example, if equipment delivered by another company explodes or catches fire because of inherent malfunction in the device and you get injured, you can sue the manufacturer of that equipment.
The fact is that filing a workers comp lawsuit is something that you need to discuss with a Atlanta workers compensation lawyer. If you need one in Atlanta, Georgia, please contact Ted A. Greve & Associates for any legal issues related to your workers’ compensation claim.