Why Can’t You File a Personal Injury Suit for a Work-Related Injury in Atlanta?
If you live in Georgia and get hurt at work, you only have one remedy. You have to file a worker’s compensation claim. This is the same no matter where you live in this country. This is frustrating for a lot of people. This is because, under worker’s comp, you’re only entitled to two types of benefits. First, you are entitled to medical treatment for your injuries. Second, you’re entitled to replacement wages until you’re able to return to work.
This is all you can demand under worker’s comp. You can’t demand damages for property damage. You aren’t allowed to sue for lost wages or out of pocket medical expenses. And, above all else, you cannot sue for pain and suffering. It just doesn’t seem fair. Workers compensation attorneys in Atlanta agree. However, that’s the law in Georgia. You can’t sue your employer under personal injury. There are only a few exceptions to this rule.
Here, we’ll discuss why the law is set up this way. We’ll also highlight the circumstances under which you can sue your employer (or a third party) under personal injury. If you’re hurt in any sort of work-related accident, you need to talk to an experienced workers comp lawyer in Atlanta. Don’t wait for your claim to be denied to do this. It’s important that you make sure your case is handled properly from the very beginning. One way to do this is to hire an experienced workers comp lawyer from day one.
The Law Seems to Protect Employer – Not Workers
The law makes it seem as if it’s more concerned with protecting employers instead of workers. And, to a certain extent, this is true. The lawmakers decided long ago that it would be unfair to expose business owners to personal liability for work-related accidents. It can cost a company thousands of dollars to defend even a small lawsuit. If an employer had to pay to defend a lawsuit every time a worker got injured, they’d go out of business in no time.
The other thing to consider is how much it would cost employers to pay out on these lawsuits. Neither the company nor their insurance carriers could ever afford to pay damages out every time someone got injured at work. This is especially the case if these lawsuits involve things like pain and suffering and future lost wages. The law created the umbrella of worker’s compensation to protect employers from these costs.
Can You Ever Sue an Employer or Third Party for Personal Injury in Atlanta?
While the legislature in Georgia protects employers to a certain extent, there are times when you can sue your employer. However, to do so, your Atlanta workers comp lawyer will have to prove more than mere negligence. It’s not enough to show that your company was negligent. For example, if you slipped on a wet floor while at work, you’re not going to be able to sue them for damages. However, in more flagrant cases, you may have this option.
Let’s presume that your employer has been told time and time again that they have an unsafe condition at work. They have had dozens of employees injured already. They decided that it was cheaper to pay out on worker’s comp claims than it is to fix the unsafe condition. If your attorney can prove this, you may be able to sue under personal injury.
The other time when you can consider filing a personal injury lawsuit in Atlanta is when a third party was negligent. If this is the case, your attorney will have to file a separate suit against this third party.
You Should Call and Talk to a Skilled Workers Comp Lawyer in Atlanta Right Away
It would be nice to believe that your employer would take care of you if you get hurt at work. Sadly, you can never make this assumption. Your employer has to work with the insurance company when it comes to worker’s compensation claims. They could decide to deny your claim. Or, they may drag their feet when it comes to processing your claim. You can’t afford for this to happen. While they’re discussing your case, you’re worrying about how to feed your family.
This is why you should call our office as soon as you get hurt at work. Our experienced workers’ comp lawyers in Atlanta will make sure your claim is handled properly from the start. And, if your claim is denied, they’ll fight to get you the benefits you deserve. Call today and schedule your free initial consultation. This way, you can focus on getting back on your feet. Let your lawyer handle the legal side of things.
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