Did you get hurt at work in Georgia? The physical pain and financial stress of a sudden work injury can quickly become overwhelming and affect every aspect of your life. Fortunately, you may have options for seeking monetary relief. The Law Offices of William F. Underwood, III, P.C., can help you explore them.
Our experienced personal injury and workers’ compensation attorneys have extensive knowledge of the insurance industry and the complex laws surrounding work injury claims. We know the tactics insurers use to minimize or deny valid claims and can advocate for your rights. We can identify all possible sources of compensation for your job injury, including the possibility of both workers’ comp benefits and third-party injury claims.
Not sure where to start? Call or contact us today for a free consultation with a skilled workers’ compensation lawyer in Albany.
Differences Between Third-Party Liability Claims and Workers’ Comp Claims
If you get hurt on the job in Albany, you might have two ways to seek compensation: filing a workers’ compensation claim or a third-party injury claim. Each type of claim has unique restrictions and requirements.
Under Georgia law, most employers with three or more regular employees must carry workers’ compensation insurance to provide benefits to injured workers. There are exceptions for specific workers, such as domestic workers, federal government employees, and those in the railroad industry.
Workers’ comp is no-fault insurance, meaning you do not need to prove anyone is to blame for your injuries to receive benefits. However, your injury must have occurred while you performed duties out of and in the course and scope of your employment. For instance, you might not qualify for benefits if you got hurt in a car accident during your morning commute. But if you work for a florist and suffered injuries in a crash while delivering flowers, you could likely receive workers’ compensation.
In exchange for no-fault benefits, the law generally prohibits injured workers from suing their employers. That’s not true if someone other than the employer or a co-worker is to blame for their injuries. In those cases, a worker could file a third-party liability claim against whoever is responsible for their injury. A third-party claim is a personal injury claim that is separate from a workers’ comp case.
In a third-party claim, you can pursue compensation for the full range of losses you suffered in the accident. Not so in a workers’ comp claim, where you can collect only for medical expenses, a portion of your lost wages, and disability benefits. As a result, successful third-party lawsuits can result in larger compensation awards than workers’ comp claims.
Examples of Third-Party Entities Who Might Be Liable in an Albany, GA Lawsuit
In Albany, you can hold any third-party entity liable for a job injury if they caused your injury or illness. Examples of potentially responsible third parties include:
- Property owners – If a worker gets hurt because of a hazardous condition on someone’s premises, the property owner could be liable if they knew (or should have known) of the dangerous condition and did nothing to fix it.
- Non-employees – A non-employee, such as a customer, client, patient, driver, or independent contractor, could be liable in a work injury claim if their wrongful behavior contributed to an injury or illness. For instance, a store customer could be financially responsible if they assault and injure a cashier on duty.
- Other companies – If a worker gets hurt by an employee of another company, the business could be held liable through a third-party claim.
- Government entities – An employee who gets hurt on government property could file an injury claim against the entity responsible for keeping the property reasonably safe.
- Equipment manufacturers – If a worker gets hurt because of malfunctioning equipment, the maker of the faulty parts or machinery could be liable.
Can I File a Third-Party Claim and a Workers’ Compensation Claim at the Same Time?
You can file a third-party liability claim and a workers’ compensation claim simultaneously, and getting compensation from both is possible. However, settling one claim could affect the value of other claims still in progress, and you may need to pay back some of your workers’ comp benefits from whatever you receive through a third-party claim. It’s wise to consult with an Albany third-party liability lawyer who can help you understand the legal process and the best way to move forward with your case.
Can I Sue My Employer After a Work-Related Injury in Albany?
You cannot sue an employer that provides workers’ compensation insurance to its employees. Georgia’s workers’ comp system is supposed to be an “exclusive remedy” for injured workers, meaning that your primary source of coverage should be the workers’ comp insurance available through your employer. Because your employer pays for workers’ comp insurance on your behalf, you are usually barred from suing them.
However, some exceptions exist. You could have grounds to sue your employer if your injury resulted from their intentionally harmful behavior, and the intentionally harmful behavior was unrelated to the work relationship. Your employer could face additional penalties if they are required to have workers’ comp insurance and do not. However, in this circumstance, your recovery would still be limited to the workers’ compensation benefits they would be obligated to provide if workers’ comp insurance had been in place.
Benefits of Filing a Third-Party Liability Claim After an Albany Work Injury
Here are some key advantages to filing a third-party claim after a work injury in Georgia:
- More options – When you file a third-party claim, you can seek compensation for losses that workers’ comp benefits will not cover, such as pain and suffering.
- More money – In a third-party liability claim, there is generally no limit to the compensation you can demand for your losses. You can usually get more money for lost wages than you would in a workers’ comp claim.
- More accountability – When you file a third-party liability claim, you can hold the responsible party accountable for the harm they caused.
Contact a Workers’ Compensation Lawyer in Albany, GA
If you suffered a workplace injury in Georgia, you could be entitled to more compensation than you think. Reach out to the Law Offices of William F. Underwood, III, P.C. today to learn your legal options. The initial case review is free, and there’s no obligation. Call or contact us to speak with a trusted Albany workers’ comp attorney.
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