If you have experienced a work-related injury, you may be eligible to recover medical costs and a portion of lost wages by filing a workers’ compensation claim.

Workers’ compensation is a no-fault system. That means, barring an act of willful misconduct on your part, you may not have to prove you did nothing wrong to receive benefits. It also means that you cannot sue your employer after an injury.

However, if a third party’s negligence caused you harm while at work, you may be able to file a personal injury claim against that party in addition to receiving WC benefits through your employer.

1. When may you sue for a work-related injury?

You may have the right to sue a negligent party for work-related injuries if the at-fault party is not your employer and is not another employee at your company.

2. What are some examples of potential third-party claims?

Examples of third-party negligence that be grounds for an injury lawsuit include:

  • Another motorist caused an accident while you were driving for work-related purposes
  • A property owner’s negligence led to dangerous working conditions
  • You experienced an industrial accident due to defective or poorly maintained equipment

3. Why pursue a third-party claim?

While workers’ compensation may provide you with needed medical and income benefits, Georgia law limits the amount and duration of payments you may receive. Additionally, you cannot claim non-economic damages under workers’ comp.

Filing a third-party claim against a negligent party may allow you to pursue compensation for life-changing damages caused by your injury that may be intangible, including pain and suffering, loss of earning power and alienation from loved ones.

If your injury is severe, pursuing a third-party claim may help you to recover the full compensation you need to get your life back on track.