If you suffer an injury while on the job in Georgia, your first thought is usually to get medical treatment and make sure your bills are covered. However, the legal path you take to get there matters more than you might initially anticipate. Depending on the circumstances of your case, you may have a workers’ compensation claim, a personal injury claim, or potentially both.
These two types of claims serve very different purposes and follow different rules. Workers’ compensation does not require you to prove anyone was at fault, but it limits the types of damages you can recover. Personal injury claims, on the other hand, can lead to more damages, though they require establishing the other party’s negligence in most cases.
Learning more about the distinction can have a major impact on how much money you ultimately walk away with when it’s all said and done.
How Workers’ Compensation Claims Work in Georgia
Workers’ compensation in Georgia is a no-fault system governed by the state’s Workers’ Compensation Act (O.C.G.A. § 34-9). That means you do not have to prove your employer did anything wrong. As long as you were injured while performing your job duties, you are generally entitled to benefits. In exchange, however, the law prevents you from suing your employer directly for those injuries in most situations.
The benefits available through workers’ comp may include:
- Medical expenses related to your work injury
- A portion of your lost wages (typically two-thirds of your average weekly pay, subject to state caps)
- Rehabilitation and vocational services
- Permanent impairment benefits based on a doctor’s rating
Workers’ compensation does not cover non-economic damages like pain and suffering and might not fully make up for all of your economic damages, either. Those categories of damages are only available through a personal injury claim.
How Personal Injury Claims Differ
A personal injury claim in Georgia is built on a completely different legal foundation. Instead of a no-fault system, you generally must prove that another party was negligent and that their actions directly caused your injuries. This applies to situations like car accidents, slip and falls on someone else’s property, and more.
Since you are proving fault, the range of compensation is much wider. You can pursue:
- Full lost wages rather than a capped percentage
- Medical bills, both current and future
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33 that will also apply to these claims. Per this law, if you are found to be 50% or more at fault for the accident, you will be barred from recovering anything.
Can I Pursue Both Claims at the Same Time?
In some cases, yes. While workers’ compensation is typically the exclusive remedy against your employer, it does not prevent you from filing a personal injury lawsuit against a third party who contributed to your injury. For example, if you were injured at a job site because of a subcontractor’s negligence, you may be able to pursue both claims at once.
This can make a real difference in your recovery because it allows you to collect workers’ comp benefits while also seeking the broader damages that only a personal injury claim can provide.
Call a Savannah Personal Injury Lawyer at Jamie Casino Injury Attorneys for a Free Consultation
Figuring out your legal options after a workplace accident in Georgia isn’t always obvious. At the end of the day, the unique facts of your situation will determine which path gives you the best shot at full money damages.
Schedule a free consultation with a Savannah personal injury attorney at Jamie Casino Injury Attorneys today to get started with your case and find out your best course of action.
We serve Savannah, Augusta, Columbia, and the surrounding areas in Georgia and South Carolina.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd, Savannah, GA, 31406
(912) 355-1500
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 750-8860
Jamie Casino Injury Attorneys – Columbia Office
1507 Richland St, Columbia, SC, 29201
(912) 513-4955
