An injury that prevents you from working can be incredibly disruptive to your life. Medical bills and lost wages add up quickly, and the pain and interference with your daily tasks take a tremendous toll on your physical and mental health as well. When your injury was sustained on the job, it can feel especially difficult and unfair.
Workers’ compensation may provide some financial relief, but there are additional recovery options that can help your life return to normal. Work injury laws can be complex, but an experienced personal injury attorney could help you understand your options. With the help of a Riverdale work injury lawyer, you can discover if you qualify for a third-party liability lawsuit for your injuries and losses and collect the money you deserve.
Qualifying for a Work Injury Lawsuit
The laws that govern workplace injury claims vary by state. In Georgia, a work injury caused by someone other than the injured person’s employer or coworkers could make the injured person eligible for monetary relief through a third-party liability lawsuit. These cases typically apply when a person outside of an employer’s direct authority (the “third-party”) is negligent in some way that causes injury.
In order to prove negligence, a person must show that the third-party had a responsibility to act with a certain level of care, that the third-party did not act with that level of care, and that lack of care caused an injury. Under Official Code of Georgia Annotated Code § 51-1-2, the level of care required is based on what an average, reasonable person would do under the same applicable circumstances. Because this can be a subjective standard, it will be up to a judge or jury to determine if the third-party’s actions were an unreasonable breach of a duty of care. This is where having a skilled legal representation can be very helpful.
There may be other limitations based on the type of work being performed. Construction design work, for example, has additional rules under O.C.G.A. § 34-9-11. For more information about how the law applies to a certain case, reach out to an experienced work injury attorney in Riverdale.
Compensation Amounts for Third-Party Liability Work Injuries
Someone injured in a workplace accident could recover economic damages for things like medical bills, as well as noneconomic damages for pain and suffering or a lost enjoyment of life. Workplace injury laws in Georgia do not put a limit on how much money an injured person can get from a lawsuit, as long as the amount is reasonably related to the injury.
There are limits, however, under “comparative negligence,” per OCGA § 51-11-7. If the injured person was also behaving negligently when the injury occurred, the court may reduce the amount they can collect from the third party. The monetary award will not be reduced as long as the jury finds that the injured person was less responsible than the third-party, not equal to or more responsible.
Proving economic and noneconomic damages—as well as potentially defending against a third-party’s claims of contributory negligence—can be daunting when you are not familiar with the courts. A Riverdale attorney with experience handling work injury lawsuits could help you make effective arguments in court.
Work With a Riverdale Work Injury Attorney
Because there are so many subjective elements to third-party liability workplace injury lawsuits, you need to make a strong argument to justify the amount of money you are seeking. A local Riverdale work injury lawyer knows how to make these arguments convincing and provide the necessary evidence to support them.
If you have been injured at work because of a third-party’s negligence, your recovery can be stressful enough without worrying about how to win a court case. As a former elected District Attorney and litigation instructor, Attorney Robert James has unique insight into how both sides of the law work. When you reach out to our firm for help with a work injury, you will be treated with respect and professionalism every step of the way. Contact us now to pursue the compensation you deserve.