What is the Difference Between Personal Injury and Workers’ Comp in Georgia?

When you’re injured at work in Georgia, knowing your next best legal steps can be the difference between receiving the bare minimum, or obtaining the full compensation that you truly deserve.

There are generally two legal avenues you might pursue when you are injured at work: workers’ compensation, and personal injury. These are different suits, serving different purposes and offering unique benefits. Unfortunately, far too many injured workers do not realize that they may be entitled to pursue compensation under both of these legal theories.

This article is meant to introduce readers to some of the critical differences between workers’ compensation claims and personal injury claims. Indeed, in some cases these scenarios can work together, offering injured parties even greater recovery.

This is only a brief, general introduction to these topics. For formal, nuanced advice from an experienced personal injury and workplace accident attorney, contact an experienced attorney at the Forsythe Law Firm.

Workplace Injury Claims in Georgia

Georgia’s legal system provides two pathways for workplace injury compensation: workers’ compensation, and personal injury. Knowing whether your case qualifies as a workers’ compensation case, a personal injury case, or both, is essential for maximizing your potential recovery.

Workers’ compensation is a no-fault insurance system. This means that you do not need to prove someone else’s negligence in order to recover on your work-related injury. Personal injury suits, on the other hand, do require you to show another party is at fault.

Workers’ Compensation

Georgia’s workers’ compensation system provides injured parties with immediate benefits without requiring proof of fault. Indeed, the injured party can even receive compensation if they contributed to the accident.

There are some limitations on what damages can be compensated for. Reasonable and necessary medical treatment is covered (such as doctor visits, hospital stays, prescription medication, etc.) It will also cover some lost wages, as well as pay out for disability benefits and travel costs associated with medical treatment. Notably, workers’ compensation does not reimburse for pain and suffering. Depending on the circumstances this can be a major loss.

Personal Injury Claims After a Work Injury

Unlike workers’ compensation, to succeed in a personal injury lawsuit you will need to prove that the other party is at fault. These suits can provide maximum compensation for the injured party’s losses, and do include paying out for pain and suffering.

While most work-related injuries fall purely under workers’ compensation, certain circumstances do allow injured parties to file a personal injury lawsuit after a workplace accident. This can occur under a number of circumstances, including if your accident occurred due to an employer’s gross negligence, or the negligence of someone other than your employer or coworkers. This might occur if a manufacturer supplied a defective piece of equipment, for example.

Filing Both a Workers’ Compensation and Personal Injury Claim

Injured parties can pursue both a workers’ compensation and a personal injury claim when third-party negligence was involved in your accident. Coordinating these suits can maximize your total recovery and get you the compensation you need to get back on your feet.  An experienced personal injury and workplace accident attorney can help.

Contact the Forsythe Law Firm

An injury at work can change your life. And the steps you take in bringing suit and pursuing compensation for your injuries can also change your life. Engaging with experienced legal counsel can ensure that you understand the nuances of your case and how to maximize your potential award. Contact an experienced Atlanta personal injury lawyer at the Forsythe Law Firm to begin discussing your case today.

Sources:

espn.com/nfl/story/_/id/44111394/nfl-edge-prospect-jalon-walker-injured-training

abcnews.go.com/US/active-shooter-incident-casualties-reported-fort-stewart-georgia/story?id=124415075