Can you sue your employer or co-worker for a work related injury? The video above is Ty Wilson, Georgia Attorney specializing in workers’ comp and personal injuries, speaking about what happens when you are involved in a work related injury brought about by a co-worker.
Georgia has a law that is referred to as the exclusive remedy rule. The exclusive remedy rule limits how you can file when you are injured at work. Basically the rule states that if you are injured because of something your employer did or because of a co worker, then you have to file the claim through the Georgia State Board of Workers Compensation.
So what does that mean? The rule covers a situation that if you would not have been at work, you may have been entitled to personal injury, pain and suffering, lost wages, full loss wages, etc. However, because it was in a work setting, you must go through the workers compensation system and you will be paid workers’ comp benefits instead of lost wages. And you will not be paid pain and suffering. But you also are in what’s called no fault system.
Is this good or bad? It’s a bit of a trade off. You do not have to prove negligence for your work injury and that is a good thing. However, you may be entitled to less money over all. All of these will be fact specific depending on your injury, the circumstances surrounding your injury and more.
As with everything in law, there are exceptions. For that reason, we recommend you speak with the Georgia Workers Compensation Attorney to get more information about whether you can sue your employer or co-worker for your injury. To contact Ty for a case review or to get started with your case, you can visit us online and upload documents or send a message. Contact us here today.
