The United States Bureau of Labor Statistics reports that nearly three million employees suffer non-fatal injuries and illnesses while on the job every single year in the United States. Employees who suffer workplace injuries and illnesses often question whether they have the right to sue their employer to recover for their injuries and related losses. Unfortunately, there is no clear cut answer to this question as, with many legal issues, your rights depend on the circumstances of your particular situation. If you have suffered a workplace accident or illness, you should always contact a Fayette County accident attorney to review your case.
Georgia requires certain employers to provide worker’s compensation insurance to compensate employees when they suffer injuries or illnesses on the job. This insurance will help to cover an employee’s medical bills, related expenses, and lost wages if they must miss work while recovering. However, the availability of these worker’s compensation benefits also limits your recovery via a lawsuit against your employer. Worker’s comp is designed to be “no-fault,” which means you will be entitled to benefits no matter who was at fault for the workplace accident. This no-fault system is intended to protect employees, but also to protect employers from lawsuits.
Under very certain circumstance, though, an injured or ill employee may be able to file a claim against their employer or a third party for their workplace accident. These situations include:
- The injury occurred due to illegal conduct
- The injury occurred due to intentional wrongful conduct
- The injury occurred due to reckless conduct
- The injury occurred due to the actions of a third party
- The employer does not have worker’s compensation insurance
Contact a Fayette County personal injury attorney for a free consultation
If you have suffered a workplace accident, you should always have the specific circumstances of your case looked over by an accomplished personal injury attorney to see if you can possibly file a claim. Do not hesitate to contact the Law Offices of Shane Smith at (770) 487-8999.