Workplace injuries are one of the common causes of avoidable deaths in the USA. This is especially true if you’re an employee in the construction industry. So, every worker needs to prioritize safety as they go about their daily work activities. However, some workplace accidents are inevitable, and you may need a workers’ comp lawyer sooner than you ever envisaged.
Your workers’ compensation attorney will help you get fair compensation from your employers through a work comp claim. However, you’re forfeiting damages for pain and suffering by pursuing compensation under the work comp rules. Doing so will also mean that you have relinquished your right to sue your employer or co-worker for your injuries.
So, does this mean that you cannot file a negligence lawsuit against your employer regardless of your case’s specifics? Does that also imply that you can’t sue a third party to court for causing your workplace injuries? We’ll discuss all these in this article.
When Can I Sue My Employer for a Work-Related Accident?
Generally, you cannot file a lawsuit against your employer under the workers’ compensation law. That’s because, under workers’ compensation, you forfeit your rights to a personal injury lawsuit against your employer. However, if your employer’s actions exceeded mere negligence, you may sue them for their recklessness and maliciousness. You may also sue your employers if they don’t carry workers’ compensation.
If your employer denies your workers’ comp claim, you can file a complaint against them under the workers’ compensation rules. However, that would mean a lot of paperwork and complicated processes. In addition, you will also need to defend your allegations at a hearing before the State Board of Workers’ Compensation. As such, hiring a workers’ comp lawyer will do you much good in such circumstances.
Can I Sue a Third Party for My Work-Related Injuries?
There are some situations where you can sue someone that’s not your employer for your workplace injuries. We’ve discussed those circumstances below:
Defective Product and Toxic Substances Lawsuits Against Negligent Manufacturers
Generally, workers and their employers ought to know about the likely risks in their line of work. Such knowledge enables the employer to effectively minimize the inherent risks and provide safe working conditions for the employees. It also ensures that the workers are in the right position to protect themselves from harm.
However, when a workplace accident is due to a defective product, the workers and employers are often surprised. In such cases, the employees can get damages from the manufacturers of the faulty products in a personal injury lawsuit. The same goes for the producers of toxic substances who failed to warn about their adverse effects.
Third-Party Liability Suits
Apart from toxic substances and defective products, there are other instances where workers can sue non-employers for their workplace injuries. For example, if you get into a traffic accident on the job, you can sue the negligent driver for hurting you. In any case, where someone other than your employer is directly responsible for your work accident, you can sue them.
What Damages Will I Get From a Work Accident Lawsuit?
You may get the following damages for your job-related injuries in a lawsuit:
When you sustain injuries in your workplace accident, you may have to stop work for some time. Such time off allows you to focus on recovering fully from your injuries. Georgia’s workers’ comp rules mandate your employers to pay your lost wages for such periods.
Your employers are responsible for covering your medical expenses for your injuries. That may include your costs for your medications, hospital bills, physical therapy, etc.
You can get other compensation benefits (e.g., damages for pain and suffering) for your workplace injuries, depending on your case’s peculiarities. Your workers’ comp attorney will let you know if you’re eligible for any.
Get Help From an Experienced Workers’ Compensation Attorney Immediately!
Did you sustain injuries in a workplace accident in Atlanta? Then you can get ample damages for your losses in a workers’ compensation claim against your employer. In some cases, you can also file a lawsuit against a negligent third party. Our workers’ compensation lawyers will let you know what options will yield better results in your case.
Our attorneys are the most dedicated and passionate legal professionals in Atlanta and beyond. They understand your difficulties and will take all the legal burdens off you as you concentrate on healing nicely. Contact us today for an opportunity to consult with one of our experienced workers’ comp lawyers.