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When you are hurt at work, your employer’s workers’ compensation coverage may cover your medical expenses and replace part of your lost income. However, if a third-party contractor or workplace negligence caused your injuries, you may be entitled to file a personal injury claim that allows you to recover significantly more money as a settlement.
To see if you qualify to file a third-party lawsuit, our experienced Atlanta workplace injury lawyer at the Law Office of Dwayne L. Brown can review your case. We have over 31 years of experience helping injured workers get the compensation they deserve through third-party injury claims. Contact us today to speak with an attorney about your legal options.
Injured workers in Atlanta considering filing a third-party claim with an attorney, in addition to their workers’ compensation, must meet certain requirements. These include:
Entities that may be liable for damages in an injury lawsuit include subcontractors, motorists, property owners, or other individuals potentially responsible for workplace or site hazards.
For example, a driver who collides with your vehicle while you are delivering an Uber Eats order or a contractor whose faulty machine electrocuted you can both be held liable in a personal injury claim for the harm done. Even if the circumstances are not as clear-cut, you can still speak with attorney Dwayne Brown to understand your options.
Injured employees who file a separate injury claim may be able to receive compensation beyond the medical costs and partial wage replacement benefits that employers offer in a workers’ compensation claim. Scheduling a consultation with our workplace injury lawyer in Atlanta could help provide clarity about the potential recovery you could pursue.
Depending on your situation, your damages may cover the full loss of income, reduced earning capacity, medical treatment, and property damages that your employer’s insurance does not cover. You may also receive compensation for your pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. If the at-fault party’s actions involved particularly reckless or egregious behavior, the court may also award punitive damages.
In Georgia, employers who have fulfilled their workers’ compensation obligation to injured staff may seek ways to recover some or all of the benefits that they paid if the employee receives compensation from a third-party suit. This is known as a subrogation lien, allowed under O.C.G.A. § 34-9-11.1(b).
Certain conditions apply to this recovery, which can often make the entire process more complex and tedious. Every case is unique and requires the insight of an experienced Atlanta workplace attorney like Dwayne Brown, who understands both sides of the case, the workers’ comp insurance that already applies and how a third-party lawsuit works alongside it.
Navigating the process of filing a third-party injury lawsuit when a workers’ compensation claim does not fully cover your losses can be difficult. You need an experienced Atlanta workplace injury lawyer to help you handle any potential issues that may arise. At the Law Office of Dwayne L. Brown, our legal team is familiar with these types of cases and can help you figure out the right legal options to pursue a fair settlement. We prioritize clear communication, making it easy for you to speak with your assigned paralegal or text or call Attorney Brown at any time throughout your case. Contact us to get started with your claim today
