Your employer acted in a negligent manner, which led to you suffering a workplace injury. Because the accident was your employer’s fault, you should be able to sue them, right? This is not the case if your employer carries workers’ compensation insurance.
In Georgia, the law requires most employers to have workers’ comp insurance. This limits your recovery to the benefits provided through the workers’ compensation system. You can’t sue your employer for any additional damages.
A two-way street
It might seem unfair that you can’t sue your employer if they were responsible for your injury. After all, if a negligent party outside of work causes you harm, you can file a personal injury lawsuit. However, it’s important to remember the reason behind the workers’ compensation system. Both employers and employees receive protection through workers’ comp.
You are both protected because workers’ compensation is a no-fault system. For example, let’s say you took a shortcut when performing a task and ignored a safety procedure. Your employer can’t say, “Well, it was your fault. Good luck with that!”.
This two-way street enables you to recover compensation, even if you were entirely to blame. Of course, the flip side is that your employer cannot be sued if they are entirely to blame. In some cases, you may be able to seek additional damages if a party other than your employer or a co-worker caused or contributed to the accident.
You should discuss your case with an attorney
The workers’ compensation system can be difficult to navigate. Valid claims are denied all of the time. A skilled attorney can help you explore your options. Attorney Steven Morgan is dedicated to meeting the needs of workers throughout South Georgia. He handles every claim personally. You will never be handed off to a case manager, an associate, or a paralegal. To schedule a consultation, complete the online contact form or call 912-289-0640.