Can You Sue after a Work-Related Injury?

A construction workerFor most of us, road construction is a major headache, causing delays in our daily commutes. Unfortunately, we rarely think about the hazards that construction workers face in simply doing their jobs. A simple accident caused by an absent-minded driver can result in serious injury and even death. 

The Atlanta personal injury attorneys at Slappey & Sadd have been helping injured people across the state of Georgia since 1992. We help construction workers who have been injured get the compensation they deserve so that you can take care of your family, recover from your injuries, and ultimately get back to work. If you’ve been injured in an accident and don’t know what to do, contact us at 888-474-9616 to schedule a free consultation and discuss how we can help you. 

Worker’s Comp vs. Third-Party Claims

If you’ve been injured, it’s important to understand the difference between worker’s compensation and a third-party claim. Worker’s compensation is no-fault insurance that your employer provides to you in the event of an injury. If you are injured and unable to work, you can make a worker’s compensation claim regardless of fault. This means that you have coverage even if your injury was your own fault or purely an accident with no one to blame. Worker’s compensation allows you to get compensation relatively quickly so that you can pay your bills and get the medical treatment you need. 

Third-party claims, however, require that you prove the other party either intentionally caused your injury or their negligence caused your injury. This often means that you will need to sue the other party in order to receive compensation. Depending on your case, it may be months or even years before you receive compensation.  

What Worker’s Comp Covers and What it Does Not

The worker’s compensation system is fairly straightforward, but there are some complexities that can catch you off guard. That said, it’s critical to understand exactly what benefits worker’s compensation provides:

  • Up to two-thirds of your weekly wages up to a maximum weekly benefit of $575
  • Coverage for all medical expenses
  • Benefits for partial or total disability
  • Mileage reimbursement

The flip side of the worker’s compensation coin is what it does not cover: 

  • Your entire income
  • Pain and suffering
  • Other sources of income

If you were successful in pursuing a third-party claim, you could recover all of your losses, including pain and suffering. 

Suing Your Employer vs. Third-Party Claims

If you’ve chosen to file a worker’s compensation claim, you cannot sue your employer. Worker’s comp not only provides benefits for employees but also protects employers from liability.  

This is why construction zone accidents are unique – they often involve drivers who are not related in any way to your employer. This means that you can make a claim for worker’s compensation and file a lawsuit against the driver who injured you. However, understand that any compensation you are awarded from the lawsuit will be offset by the benefits you received from worker’s compensation. 

Injured at Work? Contact the Work Injury Attorneys at Slappey & Sadd

If you’ve been injured at work, the work injury attorneys at Slappey & Sadd can help you understand the process. From navigating the worker’s comp claim process to suing negligent third-parties, we have the experience and knowledge to get you the compensation you deserve. If you’d like to discuss your case and learn how we can help you, contact us at 888-474-9616 to schedule a free consultation.

Esteemed Lawyers - ELOA
Georgia Trial Lawyers Association Badge
Georgia Trend
Best Lawyers
Super Lawyers Badge
AV Preeminent - Martindale-Hubbell
Top 100 Trial Lawyers
Litigator Awards
Atlanta Bar Association
American Bar Association
State Board of Workers' Compensation
Million Dollar Advocates Forum
State Bar of Georgia
Avvo Rating 10.0 Superb