I work for a janitorial company that cleans offices at night. I was hurt as one of the facilities, not at janitorial company. Do I have a workers’ compensation claim only or can I bring a claim against the place where I was injured?
If you were hurt on the job doing the job you were hired to do, you have a workers’ compensation claim. In rare circumstances you may have what is called a 3rd party claim. However this is very fact specific. If you have a 3rd party claim, you would be required to prove negligence on the property owner for your injury. What that means in Georgia is that you would have to prove that the property owner either knew about the dangerous condition that caused your injury or should have known through proper inspection and chose not to warn you about the danger and as a result you were injured. Depending upon the circumstances of how you were injured you may or may not have a claim.
If for any reason, if you were injured because of a co-worker, then the property owner is not liable and you do not have a 3rd party claim. You should reach out to another attorney and share the specific facts of your injury.
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.