Did you suffer a job injury in Georgia? Your employer’s workers’ compensation insurer will most likely provide benefits to cover your medical bills and a portion of your lost wages while you recover. These crucial benefits are available to qualifying employees regardless of who was at fault for the accident. But there’s a catch.
In exchange for no-fault workers’ comp benefits, Georgia law prohibits workers from suing their employers for negligence after a work injury. But what happens if someone else, like a contractor or another person, caused the workplace accident?
If someone other than your employer or a fellow employee caused your injuries, you could have grounds for a third-party lawsuit against them. Filing a third-party claim comes with certain advantages because you could potentially recover more money than you receive in workers’ comp benefits. But there are also drawbacks. An experienced attorney from the Law Offices of William F. Underwood, III, P.C., can explain the pros and cons of third-party injury lawsuits in a free consultation. Call or contact us now to learn your legal options.
What is a Third-Party Lawsuit?
A third-party lawsuit is a personal injury claim against someone whose carelessness, also known as negligence, caused you harm. Negligence generally does not play a role in a workers’ compensation claim since injured employees are entitled to file a claim regardless of fault. But the rules change if an outside party injures you at work.
You can still file a workers’ compensation claim and receive payments while you pursue a third-party lawsuit. The State Board of Workers’ Compensation manages workers’ comp claims in Georgia, but your third-party case would be litigated in civil court. If you win your lawsuit, you may need to repay your workers’ comp benefits from your court settlement.
Filing a third-party lawsuit comes with perks if you are eligible to file one. While workers’ comp benefits cover medical expenses and a percentage of your lost income, they do not replace your lost wages entirely or award money for non-financial losses like pain and suffering. You can recover more money in a successful third-party lawsuit than a workers’ comp claim alone.
How to Win a Lawsuit Against a Third Party
To win a third-party lawsuit, you must prove negligence. You must present convincing evidence that the responsible party caused the accident and your injury.
Common examples of evidence used in third-party claims include medical records, photos of the accident scene and your injuries, witness statements, expert testimony, and pay stubs showing proof of your wage loss.
To successfully establish negligence, you must show the at-fault party was legally obligated to prevent you from harm. This is called the duty of care. You must also show that the responsible party violated their duty through negligence, which led to your injury.
Let’s say a distracted driver slammed into your car while you made deliveries for your employer. You broke your arm and suffered a concussion. In this scenario, you could file a third-party lawsuit against the driver while also seeking workers’ compensation benefits. Cell phone data, traffic camera footage, medical records, and witness testimony can help establish the driver was distracted when the accident occurred.
You must also directly connect the third party’s negligence to the accident and your injuries. In other words, you must show that you would not have been harmed if the at-fault party acted responsibly.
Finally, you must show you suffered compensable damages, or losses that can be remedied with compensation. Compensable damages include financial losses like medical costs and non-economic damages like pain and suffering.
Proving a third-party lawsuit can be challenging without experienced legal representation. The burden of proof is on you to show that the other party was negligent. Without a skilled trial lawyer, you risk receiving less compensation than you deserve or, worse, no compensation at all. While workers’ comp benefits are supposed to be guaranteed, no promises come with a third-party claim.
Can I File a Workers’ Comp Claim and a Third-Party Lawsuit at the Same Time?
You can file a workers’ compensation claim and a third-party lawsuit simultaneously. However, winning a personal injury lawsuit could affect your workers’ compensation claim. You may need to pay back the workers’ compensation insurer for your benefits. However, the amount the insurer is reimbursed for cannot exceed the amount you received. This process is called subrogation and is outlined in Georgia Code Section 34-9-11.1.
Example of a Third-Party Lawsuit
Consider these examples where a third-party injury lawsuit may be appropriate:
- A window washer falls from a scaffold due to defective safety equipment. In addition to filing for workers’ compensation, the employee could also sue the manufacturer for the faulty safety gear.
- A flight attendant gets hurt after being assaulted by a rowdy passenger on a flight. The flight attendant would likely have grounds to file a lawsuit against the person who committed the assault, in addition to claiming workers’ comp.
- An on-duty police officer responding to an emergency is injured after falling down a defective stairway on a property. In that instance, the officer might be able to sue the property owner for failing to eliminate the hazard that caused the officer’s injuries.
Contact Us Today to Discuss Your Third-Party Workers’ Compensation Case
Trying to determine whether you have a valid third-party claim after a workplace accident is no easy task. You need an attorney with experience handling workers’ compensation cases and personal injury claims. Reach out to an Albany, GA workers’ compensation lawyer at the Law Offices of William F. Underwood, III, P.C. today. We can help you apply for workers’ comp benefits and identify your options for filing a third-party claim. Call or contact us today for a free case review.
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