When you sustain an injury while you are working, you are probably aware that you can file a workers’ compensation claim. However, you might not know you could also potentially sue the party responsible for your injuries.
Speak with an experienced accident attorney as soon as possible to find out whether a lawsuit might be possible in your case. If so, you could collect the portion of your wages workers’ compensation does not pay, plus money for your pain, suffering, and other effects of the injury.
A DeKalb County work injury lawyer could collect evidence showing another party’s negligence was responsible for your injury. If that party is unwilling to offer a reasonable settlement, we will take them to court and fight for justice.
Bringing a Lawsuit After a Workplace Accident
Most workers believe they cannot sue their employer for injuries they experience at work. That is true—the price of worker’s compensation benefits is that employers are protected from lawsuits from their employees. If your employer or a fellow employee caused the accident, you cannot sue them.
However, if another party’s negligence was a factor in the accident, you could hold them liable in a third-party lawsuit. A surprising number of work-related injuries involve third parties. Examples include:
- Car accidents while on the job
- Incidents caused by a defective product
- Injuries that happen on another party’s property
- Injuries resulting from exposure to toxic or hazardous substances
- Accidents resulting from the conduct of an independent contractor
- Accidents resulting from the conduct of another company’s employee working at the same job site
These are common instances that trigger third-party liability, but third parties could be liable in other situations. A DeKalb County injury attorney could review the workplace accident and determine whether other parties have potential liability. If so, our team could demand compensation from them.
Damages in a Third-Party Workplace Injury Claim
Workers’ compensation benefits pay only a portion of your weekly wage, while incidental expenses like mileage to get to appointments, parking, and household help come out of your pocket. Bringing a third-party claim may be the only way for you to get appropriate compensation for your injuries.
When a DeKalb County work injury attorney brings a successful lawsuit against a third party, it could result in compensation for all your losses. Some of the damages you could claim include:
- Physical pain
- Emotional trauma
- Incidental expenses
- Unreimbursed wages
- Reduced future earnings not paid by workers’ compensation
- Medical treatment not covered by workers’ compensation, such as alternative or holistic therapies
In addition, if the injury causes a temporary or permanent disability, you could receive damages for your disability. These damages compensate the emotional or subjective impact of the disability, not the financial impact the workers’ compensation program covers.
Proof in Third-Party Liability Claims
When we bring third-party claims for injured workers, we must prove the third party was negligent, and that the negligent conduct was a direct cause of the incident that led to your injury.
Negligence means failure to use the degree of caution or care that the circumstances require. Proof of negligence depends on the circumstances. If you sustain your injury in a car crash, a police citation for driving while texting could demonstrate negligence. If your injury occurred because another contractor at your job site did not remedy an unsafe condition, proof that the company has a history of OSHA violations could be proof of negligence.
Even if you share fault, you could still recover. The Official Code of Georgia Annotated § 51-12-33 allows a negligent party to discount the damages they must pay if they can prove you were partially responsible for your accident. A DeKalb County workplace accident attorney could present evidence showing that any negligence on your part was minor compared to the third party’s portion of responsibility.
Contact a DeKalb County Work Injury Attorney After an On-the-Job Accident
A work-related injury is disruptive and expensive. You do not get paid anywhere near your full salary while you are off work with an injury.
A DeKalb County work injury lawyer could identify the third parties responsible for your harm and hold them accountable. With over 25 years of trial experience and countless victories under our belt, Robert James Trial Attorneys are ready to hear your story. Call today to get a dedicated attorney on your side.