Can I Sue My Employer for a Work Injury?
Generally, an injured employee may not file a lawsuit against his or her employer for a work injury. Instead, workers’ compensation is intended to be an employee’s sole legal claim for compensation from the employer. In exchange for worker’s compensation benefits that an employee can receive regardless of who may have been at fault for the injury, workers in Georgia lose the right to file a lawsuit against their employers for on-the-job injuries.
However, in certain circumstances, workers may find that a third party other than their employer was at fault for their injury. For example, you may have been injured in a work-related car accident that was caused by a careless driver. Or a defective piece of equipment may have led to the injury. In these cases, the injured worker may file a personal injury claim against a third party.
Difference Between Workers’ Compensation and Third-Party Claims
Workers’ compensation is intended to be a “no-fault” system of financial compensation for employees who suffer work injuries or occupational illnesses. An employee does not need to prove that the employer somehow bears legal fault for the employee’s work-related injury or illness. Instead, the employee only needs to show that the injury or illness arose in the course and scope of employment.
Conversely, in a third-party personal injury claim, you will need to show that a third party (someone not affiliated with your employer) caused your injury due to their negligence, recklessness, or other legal fault.
In a workers’ compensation claim, depending on the severity of your injuries, you may be entitled to financial benefits, such as:
- Payment of medical treatments for your work injury or occupational illness
- Partial wage replacement for time that you miss from work due to your injury or illness
- Vocational rehabilitation services, if you cannot return to your old job, so you receive training in another profession that is within your limitations
- Disability payments, if you suffer permanent partial or total disability due to a work-related injury or illness
However, a third-party personal injury claim can enable you to recover compensation for other financial and personal losses not covered by workers’ compensation, including:
- Costs of medical treatment, rehabilitation, and long-term health and personal care
- Full reimbursement of lost income from missed work
- Loss of earning capacity if you are disabled from returning to your old job
- Physical pain and emotional suffering resulting from your injuries
- Loss of enjoyment or quality of life due to disability or disfigurement
Our knowledgeable work injury lawyers in Albany can help you assess your options for pursuing compensation after an accident on the job. Contact us for a free, no-obligation review of your case.
Can I File a Third-Party Claim While Receiving Workers’ Compensation?
If your work injury was caused by a third party’s negligence, you may pursue a personal injury claim against that third party in addition to a workers’ compensation claim with your employer. A personal injury claim will allow you to recover for losses that you will not be compensated for under workers’ compensation.
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