In most cases, you cannot file a lawsuit for an injury at work. However, you can sue for an injury at work in very specific circumstances. Two of these are if your employer intentionally caused you harm, or you can file a lawsuit against a third party involved with your job.
If There Was Intent Or a Third Party
Workers’ Compensation laws in Georgia prevent you from suing your employer for an injury in most cases. One of the few instances when you can sue is if you believe your employer purposely caused you harm, and there are cases when you could sue a third party who works with your employer if they contributed to your accident.
If you or someone you care about suffered an injury at work recently, we encourage you to reach out to S. Burke Law. Our law firm has represented the citizens of Atlanta for more than 20 years. In that time, we have helped them collect hundreds of thousands of dollars in settlements. It all begins with our free consultations. We want you to make as informed a decision as possible before you pursue a personal injury cases. Call us now at 404-842-7838.
Workers’ Compensation Laws in Gerogia
Like we mentioned above, you cannot sue your employer in most cases due to Workers’ Compensation laws in Georgia. Workers’ Compensation provides a safety net for employees involved in workplace accidents, but it also protects employers from large lawsuits.
This is the reason the only case when you can sue your employer is if they directly intended to cause you harm. For example, if you suffered an injury at work due to your employer’s negligence, you cannot collect damages in addition to what Workers’ Compensation requires of them.
Instances When You Can Sue Your Employer
You can file a lawsuit if your employer attacked you at the workplace. It could exceed Workers’ Compensation if the attack left you with injuries preventing you from working. That said, causing you harm does not only mean your employer must cause you physical attacks in order for you to pursue a lawsuit. Personal and emotional distress qualify as well.
The following are examples of when you could pursue a lawsuit in addition to what Workers’ Compensation owes you:
• Battery: This is a physical attack on you.
• Assault: This includes both verbal threats of battery and attempts to attack you.
• Defamation: This includes libel and slander. It essentially treats your employer saying negative false things about you as an attack
• False imprisonment: This applies if your employer ever holds you hostage against your will.
• Fraud: This is if someone lies to you and it eventually causes you an injury.
• Emotional distress: Occasionally, being the subject of excessive emotional abuse qualifies as an attack.
Sufficient proof of suffering any of the above qualifies as an intentional attack, but these are not the only cases when you can sue following a workplace injury. Like we mentioned above, you can also sue for more damages in addition to what you’re owed if a third party contributed to your injury.
Third parties often contribute to workplace injuries. You can file a lawsuit if a third party was liable for your injuries. For example, if you work at a construction site and suffer an injury you believe occurred due to defective equipment, you could sue the manufacturer. In this case, you would need to prove that the defective equipment caused your accident, and you could pursue additional damages on your behalf.
It doesn’t end just here. The following is a list of entities whom you could pursue additional damages from following your workplace accident:
• The manufacturer of the equipment or product
• The distributor of equipment or product
• The seller of equipment or product
• A subcontractor
• Property owner
Call an Atlanta Workers’ Compensation Attorney
While the Workers’ Compensation laws may appear simple, there are many cases when you may consider speaking to legal counsel. Any injury comes saddled with its own brand of questions and concerns. Especially regarding how you can recover losses and continue with your recovery. And even with Workers’ Compensation benefits, it may feel like you do not have the assistance you need.We encourage you to call if you or someone you care about suffered a workplace injury in Atlanta. Our team dedicates itself to serving the Atlanta community, and we prove that by offering free consultations. Also, S. Burke Law does not collect payment unless you win a settlement. Our consultations begin by laying out your options and detailing how we can help. If you believe you have a case for a lawsuit call us at 404-842-7838 for a free consultation.