Ty Wilson Law Podcast
Ty Wilson Law Podcast
#173 Georgia Workers' Compensation Lawyer - Can You Sue Your Employer or Co-Worker For Your Injury?

Can you sue your employer or co-worker for a work related injury? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation attorney practicing law in the state of Georgia. And the short answer on this is probably not. 

Georgia has what is called the exclusive remedy rule, and what that means is 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? That means in a situation that if you would not have been at work, you may have been entitled to personal injury, painted 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 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. 

And so that is the supposed trade off for having a work injury. You do not have to prove negligence of either your employer or your co-worker in those types of scenarios. If you have a specific question about a workers’ compensation claim related to your employer and or a co worker, there are exceptions to every rule. And so we would recommend you speak with the Georgia Workers Compensation Attorney to get more information about what you may or may not be entitled to. We hope that information has been helpful and we will see you on the next video. 

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