In Georgia, if you are injured on the job by your employer, or an co-worker, you must go through workers’ compensation, it is what the Georgia legislature has deemed an “exclusive remedy” for an employee and his damages from a work injury.
That said, if the injury was caused by a third party (anyone not employed by your employer), then you may have a personal injury claim in addition to your Georgia workers’ compensation claim. An example of a third party claim would be a worker who drives for his company who is injured in a car crash by someone who is not employed by his employer. That driver would have a personal injury claim as well as a workers’ compensation claim so long as he was not on a break and was in the course and scope of his employment.
Another example, is a janitorial service who cleans floors and forgets to put up a warning sign. The employee slips falls and injures themselves while working. In that case there is a workers’ compensation claim and a personal injury claim.
Clearly, these cases are very fact specific so you would need to speak with a Georgia workers’ compensation attorney for answers to your questions.
Be informed. Be aware. Be prepared.
Ty Wilson is a Georgia workers compensation attorney, serving Chatham, Effingham, Bryan, Bulloch, Liberty, Long, McIntosh, Wayne, Glynn, Camden, Brantley, Appling, Tattnall counties , who provides free information to the injured and the families of injured workers. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.
If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711.