At Plunkett, Hamilton, Manton & Graves, LLP in Augusta, GA, we know how confusing and overwhelming it can be after a serious workplace injury. While most work-related injuries are covered through Georgia’s workers’ compensation system, there are situations where an injured worker may have the legal right to pursue a separate personal injury claim. Understanding when you can sue for a workplace injury is critical to getting the full compensation you deserve.
The Role of Workers’ Compensation
Workers’ compensation is a no-fault insurance program designed to protect both employees and employers. If you are injured on the job, you generally cannot sue your employer. Instead, you file a workers’ comp claim to receive:
- Medical expenses
- A portion of lost wages
- Disability benefits (temporary or permanent)
- Vocational rehabilitation if needed
This system streamlines the process and provides a safety net, but it does not account for all types of damages, such as pain and suffering or full wage replacement.
When a Third Party May Be Liable
Although you can’t typically sue your employer or a co-worker, you can pursue a third-party personal injury lawsuit if someone other than your employer caused or contributed to your injury. This is often the case in industries like construction, manufacturing, and transportation, where multiple contractors and entities work at the same site.
You may have grounds to sue a third party if:
- A subcontractor or another company’s employee acted negligently
- Defective equipment caused your injury
- A property owner failed to maintain safe working conditions
- You were injured in a car accident while performing job duties
In these cases, the third party may be held liable through a personal injury lawsuit. Unlike workers’ comp, a personal injury claim allows you to seek compensation for:
- Full lost wages
- Pain and suffering
- Emotional distress
- Future medical costs
- Loss of earning capacity
Examples of Workplace Injury Lawsuits
Here are some scenarios where suing for a workplace injury may be possible:
- A delivery driver is hit by a negligent motorist while on a route
- A subcontractor drops construction materials, injuring a worker from another company
- A factory employee is harmed by a defective machine made by an outside manufacturer
- A janitor slips and falls in a leased office space due to a property manager’s failure to fix a leaking pipe
Each case is unique, so it’s important to have your situation reviewed by a legal team with experience in both workers’ compensation and third-party personal injury claims.
How Our Augusta Attorneys Can Help
At Plunkett, Hamilton, Manton & Graves, LLP, we evaluate every workplace injury case to determine if there is a potential for a third-party lawsuit in addition to workers’ compensation. Our team of skilled attorneys will:
- Investigate the circumstances of your injury
- Identify liable third parties
- Handle all legal filings and negotiations
- Fight to maximize your compensation from every available source
If you’ve been injured on the job and believe someone outside your employer is responsible, contact our Augusta office today. We offer free consultations and are committed to helping you recover what you’re entitled to.
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