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Am I Eligible to File a Workers’ Compensation Claim & Personal Injury Lawsuit?

If you have been injured while performing workplace duties, you may be wondering if you should file a workers’ compensation claim or personal injury lawsuit?

In most cases, you will only have to file a workers’ compensation claim. Even if your employer’s or coworkers’ negligent actions resulted in your injury, Georgia laws ensure all work-related injuries are covered by workers’ compensation benefits.

Once you accept these benefits to cover your medical bills and weekly wages, you lose the right to use your employer and coworkers for negligence. In addition, you lose the right to collect noneconomic damages such as pain and suffering, which is generally included in personal injury awards.

However, if a third party caused your injury, you could file a separate personal injury lawsuit against that party. A third party is a person or entity who is not associated with your job or employer.

The following are several instances when you can file a workers’ compensation claim and a personal injury lawsuit:

  • While you were performing your work duties, a third party causes an accident that injures you (e.g. a driver crashes into you while you were driving the company vehicle)
  • You suffered an injury caused by a defective product, allowing you to pursue a claim against the product manufacturer.
  • Your employer intentionally harmed you.
  • Your employer doesn’t carry proper workers’ compensation insurance.

No matter what type of claim you file, having an experienced attorney on your side can ensure you obtain the maximum benefits or compensation. At Whiteman, Hamilton & Conklin, LLC, we have over eight decades of combined legal experience helping our clients make the best possible recovery from injury and obtaining the results they deserve.

Contact us and schedule a free consultation for more information about workers’ compensation and personal injury claims in Atlanta, GA.

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