If you were injured at work due to employer negligence in Tifton, you may be wondering about your options for seeking financial support while you recover.
Under Georgia workers’ compensation law, injured workers typically cannot file personal injury lawsuits against their employers. Instead, the state’s no-fault workers’ compensation system provides benefits to eligible employees. Workers’ comp pays for medical expenses, partial wage loss, and other disability-related services while employees heal.
Although lawsuits are usually not permitted — even when employer negligence is involved — there are limited exceptions where filing suit may be possible. A Tifton workers’ compensation attorney from Underwood Law LLC can review your claim and explain your options for seeking the money you deserve.
Our law firm is staffed by seasoned workers’ compensation and personal injury attorneys who can provide a comprehensive evaluation of your claim from all angles. Call or contact us today for a free consultation about your work injury claim.
What Is Employer Negligence?
Employer negligence occurs when an employer fails to maintain a safe workplace, resulting in harm to someone else. This type of failure may involve ignoring safety rules, failing to repair defective equipment, or providing inadequate training.
For example, if a manager is aware that a machine is broken and still instructs employees to use it, that could be considered negligence. Similarly, if a construction company fails to provide proper safety equipment and an employee is injured, that may also be considered an act of workplace negligence.
Georgia law requires employers to provide employment that is reasonably safe.
This involves maintaining clean work areas, warning personnel about potential hazards, and resolving issues promptly. If employers ignore safety requirements or cut corners, they put people at risk. If that leads to an injury, the employer might be considered negligent. In most cases, workers’ compensation pays for employee injuries stemming from employer negligence.
Can I Sue My Employer Outside of Workers’ Comp in Tifton, Georgia?
In the vast majority of cases, you cannot sue your employer if they carry workers’ compensation insurance — and in Georgia, most employers with three or more full- or part-time employees must purchase it.
The workers’ compensation system is designed as a trade-off: In exchange for receiving guaranteed benefits regardless of fault, you give up the right to sue if you’re injured on the job. Even if your employer caused your injury through carelessness, the law usually says workers’ comp is your only option.
However, there are some exceptions. If your employer was grossly negligent, you could have a personal injury case against them.
Gross negligence extends beyond ordinary carelessness and is described as the absence of even slight diligence. To prove your case, you must show the employer was aware of the risk of harm and acted intentionally with a reckless disregard for the safety and well-being of others.
Similarly, if your employer doesn’t provide workers’ comp insurance even though the law says they should, you might be able to file a negligence claim.
These exceptions are rare, but they do happen — and they are worth investigating. A valid personal injury claim could open the door to compensation you could not receive through workers’ comp benefits, such as the full value of your lost wages and punitive damages.
An experienced lawyer from Underwood Law LLC can offer insight on your options for filing a workers’ compensation vs. personal injury claim. Don’t assume you have no other choice until a legal professional reviews all the facts.
Can I Sue Anyone Else for a Work Injury?
In most work-related injury cases, workers’ compensation pays your medical bills and part of your lost income, even if you, your coworker, or your employer made a mistake.
However, if someone besides your employer or a coworker caused the injury, you might be able to file a third-party personal injury lawsuit against that person or company.
Let’s say a driver in a passenger car crashes into your work truck after running a red light. In that case, you could file a personal injury claim against the driver. If faulty equipment caused your work injury, you might have a claim against the business that manufactured the equipment. An attorney can look at what happened and help you explore your legal options.
Types of Compensation You Can Recover for Workplace Injuries
If you get hurt on the job, you could qualify for several types of workplace injury compensation. Employees who receive workers’ compensation benefits can receive coverage for:
- The cost of reasonable and necessary medical treatment
- A portion of their lost wages
- Disability benefits
Workers’ compensation does not pay for all your lost wages or include money for pain and suffering. Those damages are only possible if you are eligible to file a personal injury lawsuit.
Steps to Take After a Workplace Injury in Tifton, Georgia
Georgia law gives you certain rights if you suffer a job injury in Tifton, but you must follow the proper steps to protect them. Here’s what you can do:
- Tell your employer right away – You must report the injury to your employer within 30 days in Georgia.
- Get medical treatment – Ask your employer for their list of approved doctors. In Georgia, you must usually choose from that list unless it’s an emergency.
- Keep all paperwork – Hold on to medical records, accident reports, and any written communication about your injury.
- Talk to a Tifton workers’ compensation attorney – A work injury lawyer can review your case to determine whether you may have grounds for an employer negligence lawsuit in addition to pursuing workers’ compensation benefits.
- File for workers’ compensation – You can submit your claim through your employer or get help collecting medical documentation and filing the claim through your lawyer.
What to Do If Your Workers’ Compensation Claim Is Denied
Don’t lose hope if the insurance company denies your workers’ comp claim. You have the right to appeal.
- Start by reading the denial letter – It should explain why the insurer rejected your claim.
- Consult a Georgia workers’ compensation lawyer – An attorney can help you file a request for a hearing before the State Board of Workers’ Compensation. At that hearing, you can show evidence and argue your case before an administrative law judge (ALJ).
- File an appeal – If the ALJ rejects your argument, you must appeal to the Appellate Division of the State Board within 20 days.
In some workers’ compensation cases, the appeal process could lead to a settlement or court decision. Your lawyer can explain which options are available as you decide your next steps.
Injured Due to Employer Negligence? Contact Our Tifton Workers’ Comp Attorneys Today
If you got hurt at work and think your employer may be at fault, now is the time to get answers. A knowledgeable attorney from Underwood Law LLC can look at the facts, address your concerns, and make recommendations on how to move forward.
Contact us now for your free consultation.
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