Atlanta Workplace Injury Attorney
If you were injured while on the job, you may be entitled to compensation for your injuries and other losses. Depending on the circumstances of your workplace injury, you may be entitled to compensation through the state’s workers’ compensation system, a personal injury lawsuit, or both. And if you lost a loved one to a workplace accident, contact an Atlanta wrongful death lawyer to find out if you and your family are entitled to death benefits.
What Compensation Is Available for Workplace Injuries in Atlanta?
Most workers are familiar with the state’s workers’ compensation system that pays certain benefits to workers injured on the job. However, the benefits available under the workers’ compensation system are extremely limited.
Fortunately, there are some situations where an injured worker has claims outside the workers’ compensation system. Claims under these scenarios are not limited in the same way that workers’ compensation claims are.
Some examples of these situations include:
- Workplace injuries that are caused by someone other than a co-worker or your employer
- Injuries caused by a defective product used in the workplace
- Injuries caused by the intentional or reckless conduct of an employer or co-worker
Claims Caused by the Negligent Acts of People Other Than a Co-worker or Your Employer
If your workplace injury was caused by someone other than a co-worker or your employer, you have two claims. One within the workers’ compensation system and one through a third-party personal injury claim directly against the at-fault party. You do not have to choose between one or the other, you can file both claims.
The most common example of this is when a worker is injured in a car crash while on the clock. Because the injury occurred while on the job, the worker can file a workers’ compensation claim with the help from an experienced Atlanta car accident lawyer. However, the worker also has a personal injury claim directly against the at-fault driver. This claim carries the potential for far greater damages than those available under the workers’ compensation system.
Atlanta Product Liability Claims in the Workplace
If your workplace injury was caused by a defective product, you may have a claim against the product manufacturer. An example of this is when a piece of work equipment is defectively made and the worker operating the equipment is injured by it. Think of a table saw that is manufactured without the proper blade guard and causes injury to a construction worker on a job site.
For this type of claim to exist, the product must be defective because of the way it was designed or manufactured, or because it came without the proper safety warning or instructions for its use. If the product defect resulted from your employer’s failure to maintain it, you have no personal injury claim against the manufacturer. You also likely have no claim against your employer because Georgia workers’ compensation law bars an employee from suing their employer. Speak with a specialized Atlanta product liability lawyer for help with your specific claim.
What Are Intentional Acts That Allow an Employee to Sue His or Her Employer?
The path to this type of claim outside the workers’ compensation system is very narrow. The law makes it exceedingly difficult for employees to meet the requirements for a personal injury claim against their employer. To do so, you and your Atlanta personal injury lawyer must show that your injury resulted from gross negligence or an intentional act of wrongdoing on the part of your employer. In other words, you and your workplace accident lawyer in Atlanta must show that your employer’s conduct was so egregious that it entitles you to compensation beyond what is available to you under the state’s workers’ compensation system.
Contact an Experienced Workplace Injury Lawyer in Atlanta, Georgia
For more information regarding compensation for a workplace injury in Atlanta, or for help with filing a claim, call Piasta Newbern Walker, LLC at (404) 996-1296, or visit our contact page to schedule a free case evaluation with an experienced Atlanta workplace injury lawyer. We handle workplace injury claims on a contingency fee basis, meaning that you pay us no legal fee unless we win compensation on your behalf.