When Can I Sue Outside of Workers' Compensation?

If you’ve been injured in the workplace, chances are high that you’ll need to file a claim through the workers’ compensation system rather than seek a more conventional form of financial recovery. After all, this “no fault” system was designed to reduce the total number of injury lawsuits, while still providing a means for workers to receive benefits.

However, in certain instances, you may be able to bring a personal injury lawsuit and seek financial compensation through that route instead. No matter what you need, our attorneys at Herbert Chestnut & Associates can give you skilled legal counsel and compassionate support during this difficult time. When you visit our offices for a free consultation, we’ll help you explore all the avenues for recovery available to you.

Some of the most common scenarios that could make you eligible for a lawsuit:

  • Your injuries were caused by a defective product or dangerous chemical. Even after you’ve signed a workers’ compensation settlement agreement, it’s possible that you could bring a claim against the manufacturers of a deadly toxin or a defective product. Because these third parties were probably not included in the terms of your settlement agreement, you may be able to bring a product liability lawsuit against them.
  • There was a third party involved in your injuries. If your injuries happened on the job, but were caused by a dangerous and negligent third party, you can likely pursue a personal injury lawsuit against that individual. One example would be a retail employee suffering a life-threatening injury during an armed robbery.
  • Your employer does not carry adequate workers’ compensation insurance. Most employers in the state of Georgia are required to purchase valid workers’ comp insurance. In order to file a workers’ comp claim, you will need to confirm that your employer falls into this category. However, if your employer should be carrying workers’ comp insurance but does not have it (or has insufficient coverage), you may be able to sue your employer or seek recovery from a state fund.

Of course, it’s always best to review the circumstances of your workplace injury with an experienced attorney before you decide to take any action. Because we understand exactly how the Georgia workers’ compensation system operates, we can help you determine whether a workers’ comp claim or a lawsuit will get you the best chance at recovery – and make sure that you stay within the lines of all state regulations, statutes, and requirements.

Ready to get started? For prompt assistance from our legal team, just call (770) 661-0091 today.