Accidents can sometimes happen when you’re working. Afterward, you’re left to wonder how much your injuries will impact your life, family, and future. A Douglasville injury attorney can help you regain your life by getting compensation if you sustain injuries at work.
Usually, for workplace injuries, workers’ compensation insurance provides coverage. Still, it’s not the only legal option for work-related accidents. You can also file a personal injury case. But, when should you do this? Keep reading to find out.
Can I File Personal Injury Claim After an Accident at Work?
Workplace accidents can be nasty. The result is paying for medical treatment and losing wages when you take time off work.
But if you’re injured while at work, Georgia allows you to receive compensation from your employer. This worker’s compensation usually covers medical bills and lost income.
Still, it’s often not enough. But then, you can file a personal injury case.
Note that it’s uncommon to file a personal injury claim after a workplace injury. Why? Worker’s compensation law also protects your employer from a lawsuit.
However, you can file for personal injury in the following situations.
You can file a personal injury case if a third party is responsible for the accident. Usually, an injury may happen while lifting large loads or operating heavy or dangerous machinery. Then, workers’ compensation helps to recover damages.
But, it’s different when you can prove a third party is responsible for a work injury. For instance, a delivery driver may get hit by another vehicle carrying goods. Alternatively, new factory equipment malfunctions and causes injury during work activities.
As the case may be, you can bring a claim against the at-fault driver or the equipment manufacturer for negligence.
You’re probably wondering if you can file a personal injury case against your employer. There are instances where bringing a lawsuit is possible despite the protection offered by the work comp system.
In Georgia, you can establish an employer’s gross negligence as grounds for a personal injury lawsuit. Sometimes, the employer may also be the at-fault third party, such as the faulty equipment manufacturer.
You can file for personal injury when your employer does not carry workers’ compensation insurance, or workers’ compensation does not cover the wound. However, before going forward with any claim, it’s vital to speak with the Douglasville injury lawyer. Quality legal advice can help you decide on the correct legal process.
What Qualifies as a Workplace Accident in Georgia?
A workplace accident refers to any situation in a work environment that can potentially harm a worker. Usually, the injured worker can sustain several injuries. Typical examples are minor bruises and scrapes, injuries to the brain, neck, and spine, or disability.
For a workplace accident, any of the following three situations may apply:
- The work accident took place while you were engaging in job-related duties or activities,
- You sustained injuries in an incident during your period of employment, that is, while under contract, or
- You’re involved in a workplace accident within your expected work hours.
Workers’ Compensation Claim or Personal Injury Case?
Seeking coverage through workers’ compensation has its advantages. Typically, it works on a no-fault basis. Whether or not a worker is responsible for their injuries, they still qualify for the benefits.
An injured worker without health insurance may sometimes lack access to adequate medical treatment. Restoring your health is a priority, so workers’ compensation provides healthcare benefits.
A personal injury case also has its benefits. Unlike workers’ compensation, you can recover damages for pain and suffering and other non-economic damages. It’s important to note that Georgia operates a modified comparative rule in negligence law.
So, you can be partly liable for a work accident involving a third party. But, as long as the percentage of liability is less than 50 percent, you can still recover damages from the personal injury case.
Can I Get Worker’s Compensation and File for Personal Injury?
It’s possible to file a personal injury case while receiving workers’ compensation benefits. Note, though, that the purpose is not to secure a massive payday with a double payout.
In this case, a Douglasville injury attorney can be helpful. However, deciding to claim workers’ compensation benefits and file for personal injury depends on the unique factors of your case.
For instance, where the accident happened while at work but was caused by a third party. Here, you can get workers’ comp from your employer and still request compensation from the at-fault party if the workers’ comp benefits are insufficient to cover your losses.
What Should I Do After a Workplace Accident?
You may be feeling frustrated or anxious after a workplace accident. It’s normal if you’re injured badly. But what you do next is vital to regaining your life back.
Therefore, ensure to do the following:
- Notify your employer about the work accident, usually within 30 days
- Seek professional medical care for your injuries
- Keep essential records of the work accident, your injuries, and treatment
- Contact an injury attorney for quality legal help and advice
Settling a workplace injury claim is no mean feat. First, you’ll need to know the applicable laws and have enough evidence to support your case.
Sounds difficult? Not with the help of a Douglasville injury attorney in Georgia.
Why Hire a Douglasville Injury Attorney?
Workers’ compensation is typically a fast, no-fault payout. So, even if you’re liable for an accident, you’ll still receive worker’s compensation for your injuries. But, you don’t have to settle for less, especially if the reason is someone else’s negligent or wrongful actions.
A Douglasville injury attorney at Hartley, Rowe, and Fowler has experience dealing with workplace accident and injury cases. As a result, we can help you better understand your legal options.
We understand that workplace accident situations can be unique. So, working with a Douglasville injury attorney helps you choose the best course of action.
Contact a Douglasville Injury Attorney Today for Quality Legal Representation
A workplace accident can happen due to several reasons. In some cases, the cause is negligence on another person’s part.
Workers’ compensation laws allow you to recover damages from an employer. Still, it can be insufficient when you sustain severe injuries and usually does not account for your pain and suffering.
Our seasoned injury attorneys at Hartley, Rowe, and Fowler will review your case professionally. In addition, we will guide and represent you if you can file a personal injury case for compensation.
You get a free case evaluation when you consult our attorneys. So get in touch with a Douglasville, Georgia, personal injury lawyer today.