In Georgia, workers’ compensation benefits are available without regard to who caused a workplace accident. Therefore, if you were working at your job and were acting within the scope of your employment, you are in a position to pursue a claim for workers’ compensation benefits. However, you cannot sue your employer instead of filing a claim through the workers’ compensation system.
However, even though you cannot file a third-party lawsuit against your employer, you are in a position to sue some other person or entity as a result of the injuries that you suffered in your accident. For example, if you suffered an injury while working on a construction site, and someone else was to blame, then you can sue that other person via a third-party claim.
Potential defendants in these types of lawsuits include the project supervisor, general contractor, or general manager at the construction site. Since these individuals have a duty to create a safe and hazard-free work environment, they can be civilly liable if someone suffers an injury at the job site.
Similarly, if defective equipment at your job left you injured, you can assert a third-party claim against the manufacturer or distributor of the defective product or part. You have a right to file a claim because product manufacturers have a duty to properly design and manufacture their products so that they function correctly for their intended use.
When these products malfunction in the workplace and a worker suffers an injury as a result, then the injured worker could assert an independent, third-party cause of action against the product manufacturer, distributor, or some other person or entity that is in the chain of product distribution.
If you can file a lawsuit after a workplace injury, it’s in your best interest to do so. In a personal injury claim, you can seek damages for various non-economic losses like pain and suffering and lost quality of life, which workers’ compensation insurance does not cover.
As a result, if you have a third-party claim available, take proper and prompt legal action. As part of your third-party claim, you can pursue monetary compensation from the at-fault party, including compensation for your medical bills, pain and suffering, and mental distress.
The experienced Lawrenceville workers’ compensation attorneys at Brauns Law Accident Injury Lawyers, PC can determine if you are eligible to assert a third-party claim arising from your workplace injury. If you are, we can assist you with filing the proper claim or lawsuit against the responsible person or entity in the Georgia court system.
