A lot of people wonder what to do when they get hurt at work. Do they file a lawsuit against their employer? Do they file a workers’ comp claim? Well, the truth is, you really don’t have a choice.
In Georgia, as in most states, if you get hurt on the job you only have one recourse. You must file a workers’ comp claim. Basically, when you’re hired you agree to this. Your employer also agrees to provide you with workers comp insurance and you agree not to sue him if you get hurt.
The reason some people think this isn’t fair is that in a regular personal injury claim, you can get pain and suffering damages. That is not the case with workers comp. You’re only entitled to replacement wages and medical care.
If you’ve been injured at work, you should call and speak with a worker’s comp lawyer in Moultrie, Georgia.
Can My Workers Comp Lawyer Get Me Additional Damages in a Workers’ Comp Claim?
If you get hurt in a work accident, you are entitled to certain benefits under workers comp. In Georgia, these benefits include:
- Medical coverage for treatment of your work-related injuries
- Weekly wage benefits as follows:
- Up to $575 per week while on temporary total disability workers comp
- Up to 2/3 of your regular weekly income on temporary partial disability
- You may receive weekly benefits for up to 400 weeks
- After 400 weeks, a determination will be made as to permanent disability
Beyond the benefits outlined above, there are no other damages in a workers comp case.
Your workers’ comp lawyer in Moultrie isn’t able to get you special types of damages in a worker’s comp case. For example, you won’t be entitled to payment for the following:
- Pain and suffering
- Property damage
- Emotional distress
No matter how unfair you may think this is, that’s the law. Don’t expect to receive these types of benefits in a worker’s comp claim.
Your Worker’s Comp Attorney May Be Able to File a Lawsuit Against a Third Party
Just because you can’t file a lawsuit against your employer doesn’t mean you can’t file a lawsuit against other people. If a third party is responsible for your injuries, you certainly have a right to file a claim against them.
Some parties that may be named in workplace accident cases include:
- Equipment manufacturer
- Maintenance company
- Also, the company responsible for clearing the parking lot
- Delivery companies
- Lastly, commercial drivers
There are a lot of situations where your work injury was caused by something other than just doing your job. Here are some examples of this:
- You drive a truck for a living and another driver slams into your truck
- You are run over by a delivery driver while in your work parking lot
- The forklift you drive malfunctions and you get injured
- You’re a contractor and a circular saw malfunctions and severs your hand
In all of these cases, you’ll have a potential claim against a third party. Once you file for workers comp, you can file a lawsuit against these responsible parties. Your third-party case will be treated just like any other personal injury case.
Your workers’ comp benefits won’t be affected by the money you receive in your third-party case. Also, your employer may be asked to testify in the third-party case, but they can’t be held responsible for any damages.
Call and Schedule a Consultation with a Moultrie Workers Compensation Attorney
If you’ve been injured at work, you should call and schedule a consultation with a Moultrie workers compensation attorney. Your attorney can review your case and let you know if you have any third-party claims.
In the meantime, your lawyer will also make sure your workers’ comp claim is processed and handled properly. If for some reason it’s denied, he’ll file an appeal on your behalf. He will work with the insurance company to get your claim paid.
The other thing your lawyer will do is make sure you aren’t forced to go back to work early/ You really shouldn’t return to work until you are ready. If you’re forced to go back early, you could end up getting reinjured. Although your employer knows this, they sometimes believe you’re ready to return before you are.
Call and schedule your free initial consultation today. You can meet with an experienced lawyer who will be by your side throughout the workers’ comp process.