Can I Sue My Employer for a Workplace Injury?
In most Georgia personal injury claims, the injured party has the right to pursue fair compensation by filing a lawsuit against the negligent party, or another liable party such as their insurance company. When your injuries occur on the job, however, you have much more limited recourse to recover damages.
When you are hurt at work, it often impacts your ability to earn the money you need to cover basic expenses. At Cummings & Middlebrooks, our experienced Atlanta workers’ compensation attorneys are committed to helping people get the benefits they need to rebuild their lives after a serious injury.
If you’ve been injured at work, the clock is ticking to apply for benefits. Call (404) 250-3292 today for the experienced representation you need.
Injury Lawsuits Against Employers
Georgia state law makes it virtually impossible to pursue a lawsuit against your employer for a workplace injury or illness. This is because Georgia utilizes a “no-fault” system for these cases, and require you to instead pursue benefits through a workers’ compensation claim. In some ways this is advantageous to injury victims, as they can typically receive benefits even if the injury was not the fault of the employer. The downside, however, is that your ability to file a lawsuit is in almost all cases nonexistent.
What If They Do Not Have Workers’ Compensation Insurance?
If your employer is legally required to carry workers’ comp coverage, and failed to do so, they will likely be subjected to criminal fines and other penalties. However, you will not have the ability to sue the employer for any workplace injuries you’ve suffered.
If the injuries were at least partially the fault of a third-party, however, you may be able to pursue a lawsuit against them. This includes sub-contractors, as well as the manufacturer of any defective machine or defective product that was responsible for your injuries.
Hurt at work? Pursue the benefits you need with help from our Atlanta workers’ comp lawyers. Get started now with a free case evaluation.