Atlanta Personal Injury, Workers Compensation & Veteran Disability

Is Workers’ Compensation the Same As a Personal Injury Lawsuit?

No, workers’ compensation is different from a personal injury lawsuit, although they cover your medical bills and lost wages. There are a few major differences: first, workers’ compensation does not cover you for pain and suffering or diminished quality of life. Secondly, you do not need to prove that your employer is responsible for your injury. This is the case because workers’ compensation is a “No-Fault” system, meaning that as long as you are injured on the job, you will be compensated for your lost wages, medical bills, permanent damages, and the potential of retraining for your vocation

How Much Am I Entitled To For Workers’ Compensation?

The amount you will file a request for in a workers’ compensation case will entirely depend on your claim’s specifics. Your earning history, your medical bills, the extent of your injuries, and your ability to rejoin the workforce will all play a role in determining this final number.

Can I Sue My Employer For My Injuries?

Since workers’ compensation is a “no-fault” system, your employer will not be considered for their role in the injury. By collecting workers’ compensation, you automatically waive your right to sue your employer or your coworkers for any damages beyond the scope of workers’ compensation payments. The only case that this would be different would be if your employer were to maliciously injure you. To be allowed to proceed with a personal injury lawsuit, you would need to be able to prove that your employer acted with malice against you and intended to injure you. This falls outside of the scope

Who is considered an employee according to Georgia Law?

Workers’ compensation insurance covers most employee activities involving those traveling outside the state, but exceptions exist. You are considered a Georgia employee and allowed to file with the workers’ compensation system in GA if: The contract of employment (express or implied) was made in Georgia; Your place of residence is in Georgia

Can I File a Lawsuit Against Third Parties?

In some cases, you may be able to file a personal injury lawsuit against a third party, such as a manufacturer of a tool that you were injured on because it was faulty or improperly designed.

What’s Georgia’s Average Weekly Wage?

When you are injured on the job and qualify for workers’ compensation benefits, you will receive a weekly income replacement check. Georgia’s workers’ compensation calculator uses an average of your pre-injury income to determine your benefit amount. Injured workers receive two-thirds of their average weekly wage. Your average weekly wage will be calculated by using your earnings, similar employee earnings, or using your full-time weekly wage.