A work-related injury can both take you off your feet and take heaps of money out of your savings account as you attempt to pay medical bills and make ends meet while you recover. In Georgia, you can use the state’s workers’ compensation program to seek financial aid that will hopefully keep you afloat. But sometimes it doesn’t. Sometimes it seems as if a personal injury claim filed directly against an employer would yield a bigger settlement and allow a recovering worker to do so in more comfort. Is this allowed in Georgia?
Limited Recovery Options in Georgia
Despite the arguable benefits of having more options, Georgia law typically does not allow injured employees to directly sue their employers for injuries suffered while at work. Cases of gross negligence – such as using obviously inadequate safety precautions or equipment – are not an exception. Even if your boss were to strike you in a heated argument, if you were on-the-clock and at work, you would need to pursue workers’ compensation for benefits.
However, as with just about any matter concerning the law, there is always room for interpretation or changes. In particular, if your employer does not have workers’ compensation insurance, you might be able to file a claim against them if your injury is clearly linked to expected and regular work duties and someone’s negligence other than your own. Compensation in such a case should include damages for medical bills, emotional trauma, wages missed while you recover, and potentially punitive damages if an illegal activity caused your injury.
Even in situations where it seems you have no grounds for a personal injury lawsuit, don’t count yourself out immediately. You should first get the opinion and input of a professional attorney. At Chestnut & Beller, our Cobb County workers’ compensation lawyers can review your case for free and help you determine if there is something you can do to seek the money you deserve. You might be surprised with some of the legal solutions that are available to you.
Call 770.285.5542 or contact us online to learn more.