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Why you need to look at third-party liability after a job injury

On Behalf of | Jul 2, 2021 | Workers' Compensation

As an employee in Georgia, you have certain rights. If you get hurt at work, your employer should have workers’ compensation insurance that protects you. Your employer will also need to work with you if you need accommodations to keep working or get back to work after an injury on the job.

Most workers only need workers’ compensation for a few days or weeks, but not everyone is that fortunate. The longer your injury affects your earning potential, the more important it is to review whether third-party liability gives you grounds to file a civil lawsuit.

There are noteworthy gaps in workers’ compensation

In some ways, workers’ compensation is better than other insurance coverage types. You can expect the policy to cover 100% of your necessary medical care without any co-pays. However, coverage isn’t as strong when it comes to the wages you don’t earn.

Workers’ compensation disability benefits usually only cover up to two-thirds of your average weekly wage. There is a state maximum benefit, which means that the more you earn, the bigger the gap between your workers’ compensation check and what your paycheck would usually be.

If you were hurt in a car crash on the job, suffered an injury caused by a defective tool or otherwise were injured in a situation where someone other than you or your employer has liability, you may be able to file a lawsuit against that third party for the losses not covered by workers’ compensation, including the balance of the wages you haven’t earned. An example of such a third party could be a subcontractor working on the same job site as you.

The better you understand workers’ compensation benefits and third-party liability, the easier it will be to appropriately respond to an injury on the job. Having hands-on help and direct support from a local lawyer experienced with both workers’ compensation and third-party claims like Steven L. Morgan can make it easier for you to navigate the claims process. Call us today at 912-289-0640 or send us an email for more information.