[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-sue-your-employer-for-a-workplace-injury-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-sue-your-employer-for-a-workplace-injury-in-georgia\/","headline":"Can You Sue Your Employer for a Workplace Injury in Georgia?","name":"Can You Sue Your Employer for a Workplace Injury in Georgia?","description":"Georgia\u2019s\u00a0workers\u2019 compensation system\u00a0generally prevents employees from suing their employers for workplace injuries. They must instead file a\u00a0workers\u2019 comp claim\u00a0for\u00a0medical expenses\u00a0and\u00a0lost wages. However, some cases may permit workers to pursue\u00a0personal injury claims against third parties. Understanding your rights after suffering a\u00a0workplace accident\u00a0is critical to pursuing the full compensation you...","datePublished":"2024-03-19","dateModified":"2025-10-13","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/kenbernard\/#Person","name":"Ken Bernard","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/kenbernard\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/2c8989e3a6ded75e4fe0fae6e90fc6dfec65eaf7676e8cefa113ad6e8e2d6c66?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/2c8989e3a6ded75e4fe0fae6e90fc6dfec65eaf7676e8cefa113ad6e8e2d6c66?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/lady-injured.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/lady-injured.jpg","height":667,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-sue-your-employer-for-a-workplace-injury-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY","name":"Can I sue for workers' compensation and personal injuries? | Sherrod & Bernard","description":"There are three basic types of benefits that you get as an injured worker. The first one is lost wages. \n\nIf your injury keeps you from going to work and you're losing wages, the employer is required to pay you lost wages. The amount of the lost wages depends on what your average weekly wage is. The second type of benefit is permanent partial disability. \n\nThis is a cash award that the employer pays if your injury is determined to be permanent. The amount of the cash is dependent upon the body part that's injured and your average weekly wage.\n\nThe final benefit for worker's compensation is medical benefits. An injured worker should never have to come out of his or her own pocket to pay for medical care for the work-related injury. Instead, the employer, and usually it's insurance company, will pay 100% of approved medical care for the work injury.\n__________________________________\nSherrod & Bernard, P.C. - Personal Injury Lawyers in Douglasville\n8470 Price Ave \nDouglasville, GA 30134\nPhone: (770) 920 - 8350\nwww.sherrodandbernard.com","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/HEbijeMoFhY\/default.jpg","https:\/\/i.ytimg.com\/vi\/HEbijeMoFhY\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/HEbijeMoFhY\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/HEbijeMoFhY\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/HEbijeMoFhY\/maxresdefault.jpg"],"uploadDate":"2019-03-22T14:56:28+00:00","duration":"PT1M23S","embedUrl":"https:\/\/www.youtube.com\/embed\/HEbijeMoFhY","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w#Organization","url":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w","name":"Sherrod and Bernard","description":"When you are in a legal bind, you need an experienced attorney you can count on to provide you with skilled representation and sound legal counsel. Every lawyer under the sun will tell you that he or she is the right person for the job, but you need a firm backed with a successful track record. You need the firm of Sherrod & Bernard, serving the Douglasville area.\n\nAfter attending the University of Georgia together, attorneys John Sherrod and Ken Bernard founded the law firm of Sherrod & Bernard, P.C. in 1992. From the very beginning, the goal of our firm has been to provide each and every client with the quality personal service and skilled representation they deserve. You can count on our work ethic and our commitment to our clients.\n\nYou need a highly skilled attorney to successfully resolve your legal issues. One of our lawyers can help. Schedule a free consultation by calling our Douglasville office at 770-920-8350.","logo":{"url":"https:\/\/yt3.ggpht.com\/uK-5K9pyHHwlk4D1Wclej9JOOudzsipnxVRsoc1u0fyFTl1Ykw0P1mMXhCw6PbtfZAwzpbuF_A=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":49196}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=HEbijeMoFhY#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":56}]},"about":["Workers' Compensation"],"wordCount":999,"articleBody":"Georgia\u2019s\u00a0workers\u2019 compensation system\u00a0generally prevents employees from suing their employers for workplace injuries. They must instead file a\u00a0workers\u2019 comp claim\u00a0for\u00a0medical expenses\u00a0and\u00a0lost wages. However, some cases may permit workers to pursue\u00a0personal injury claims against third parties.Understanding your rights after suffering a\u00a0workplace accident\u00a0is critical to pursuing the full compensation you deserve. An attorney with a thorough knowledge of\u00a0Georgia workers\u2019 compensation law\u00a0can review your case and explain your options during a free consultation.What If a Third Party Caused My Work Injury?Negligence or other legal fault by a third party \u2013 someone other than your employer or a fellow employee \u2013 may have caused or contributed to your workplace injury. Potential third parties include manufacturers of defective equipment, contractors or subcontractors working on the same site, and motorists who hit workers driving as part of their job.If a third party is responsible for your injuries, you may be able to file a personal injury lawsuit against them in addition to your workers\u2019 compensation claim. This third-party claim can help you recover money for losses that workers\u2019 compensation does not cover, such as pain and suffering, loss of enjoyment of life, and the full extent of your lost wages.It\u2019s important to note that your employer\u2019s workers\u2019 compensation\u00a0insurance company\u00a0may have a lien on any third-party settlement or award you receive. This means they may be entitled to recoup the cost of benefits they have already paid you.\ufeffWhat Is the Employer\u2019s Responsibility When a Worker Is Injured in Georgia?Under Georgia\u2019s workers\u2019 compensation laws, employers have the following responsibilities when an employee suffers a workplace injury or illness:Providing prompt and appropriate medical treatment for the injured workerReporting the injury to their workers\u2019 compensation insurance carrier within the required timeframePaying the employee\u2019s authorized medical expenses related to the injury or illnessPaying the employee\u2019s wage replacement benefits if the injury causes them to miss more than seven days of workMaking reasonable efforts to accommodate the employee\u2019s return to work or provide vocational rehabilitation if they cannot return to their previous job due to the injuryCooperating with the workers\u2019 compensation claim process and providing necessary information on timeEmployers who fail to meet these responsibilities may face penalties, fines, or legal action.What Benefits Can Workers\u2019 Compensation Provide?All employers in Georgia with three or more employees must carry workers\u2019 compensation insurance. After suffering a\u00a0workplace injury in Georgia, a\u00a0workers\u2019 comp claim\u00a0can give you access to the following benefits:Medical benefits\u00a0\u2013\u00a0Injured workers\u00a0have a right to have their\u00a0medical bills\u00a0covered without being responsible for any out-of-pocket expenses or copays.Wage replacement \u2013 If your\u00a0work-related injury\u00a0causes you to miss work for more than seven days, you can receive two-thirds of your average weekly pay (subject to a cap set by the state).Rehabilitation support \u2013 If your injury results in a disability that prevents you from returning to your former job, you should be eligible for vocational rehabilitation to help you train for a different line of employment.Injured workers are typically entitled to these benefits regardless of who was at fault for their injuries.Will Workers\u2019 Compensation Provide Compensation for Pain and Suffering?In Georgia, workers\u2019 compensation benefits do not cover pain and suffering. This compensation is only recoverable through a personal injury claim.How Long Do I Have to File a Workplace Injury Claim in Georgia?Georgia law requires injured workers to report any workplace injury to their employer within 30 days. They then have up to one year to file their workers\u2019 compensation claim.If you are filing a third-party personal injury claim, you generally have two years from the accident date to initiate legal action.Missing these deadlines can result in losing your right to compensation. Rather than risk that possibility, work with a knowledgeable\u00a0Georgia workers\u2019 compensation attorney\u00a0to complete all filings in time.How Can a Workers\u2019 Compensation Lawyer Help Me with a Third-Party Liability Lawsuit?If a third party\u2019s negligence caused or contributed to your workplace injury, a skilled Douglasville workers\u2019 compensation lawyer can provide the support and advocacy you need when pursuing a third-party liability lawsuit. Here are some ways an attorney can assist you:Investigate the accident \u2013 Your lawyer will thoroughly look into the circumstances surrounding your accident, gather evidence, and identify all potential third parties who may be liable.Determine the value of your case \u2013 An experienced attorney can evaluate the full extent of your losses, including medical expenses, lost wages, pain and suffering, and other losses that may be recoverable through a third-party claim.Handle the workers\u2019 compensation claim \u2013 While they pursue a third-party lawsuit, your lawyer can also handle your workers\u2019 compensation claim and fight for any medical and wage replacement benefits you are entitled to.Negotiate with insurance companies \u2013 Your attorney will negotiate with the third party\u2019s insurance company to demand a fair settlement on your behalf. If a reasonable settlement cannot be reached, your lawyer will be prepared to take your case to trial.Protect your rights \u2013 Your lawyer will advocate for your rights throughout the legal process and address any liens or subrogation interests held by your employer\u2019s workers\u2019 compensation insurance carrier on your behalf.Having an experienced Douglasville workers\u2019 compensation lawyer on your side can make the process of pursuing the maximum benefits available to you under the law more efficient and effective.Contact a Georgia Workers\u2019 Compensation LawyerA workplace injury can cause intense pain, debilitating stress, and overwhelming financial turmoil. And sadly, the process of recovering compensation for these losses can be perplexing. Fortunately, you don\u2019t have to pursue your case alone. Instead, you can work with an experienced\u00a0workers\u2019 compensation attorney\u00a0at Sherrod & Bernard, P.C. to demand the full amount you\u2019re owed. Contact our team today for a free consultation to get started.Visit Our Georgia Workers’ Compensation Law Offices[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"If a third party is responsible for your injuries, you may be able to file a personal injury lawsuit against them in addition to your workers\u2019 compensation claim. This third-party claim can help you recover money for losses that workers\u2019 compensation does not cover, such as pain and suffering, loss of enjoyment of life, and the full extent of your lost wages.\",        \"@id\": \"https:\/\/www.sherrodandbernard.com\/blog\/can-you-sue-your-employer-for-a-workplace-injury-in-georgia\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"In Georgia, workers\u2019 compensation benefits do not cover pain and suffering. 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