Frequently Asked Questions about Georgia Construction Accident Injury Claims


December 19, 2013

The process of asserting one's rights and remedies in a construction accident is very complicated due to of the dual nature of the claims that may be involved through the workers' compensation and civil litigation systems. To learn more about your case, we invite you to speak with one of our Georgia workers' compensation attorneys at Montlick and Associates for a free consultatioin. In the meantime, consider the following frequently asked questions about these types of cases:

1. Who may be sued for damages in a personal injury lawsuit if I am injured while working on a construction site?

Some of the third parties that may be liable in a civil lawsuit arising out of a construction site accident include subcontractors with negligent employees, companies that manufactured or distributed defective heavy machinery or other equipment and the owner of the project or property. The potential liability of each of these parties and others will depend on the specific circumstances of the accident. Our Atlanta construction accident lawyers at Montlick and Associates often conduct an investigation so that we can identify all potential defendants.

2. Can a lawsuit be filed against my employer if I am not satisfied with the workers' compensation benefits I anticipate receiving?

Workers' compensation benefits, which include temporary disability pay, free medical expenses, long-term disability benefits and death benefits depending on the circumstances, ordinarily constitute the exclusive remedy against one's employer for a workplace injury, if the employer is subject to workers compensation.

3. What is the statute of limitations for injuries suffered in Georgia construction accidents?

The statute of limitations is somewhat more complicated in these cases because there may be both a workers' compensation claim and personal injury claim.  If you've been hurt or experience symptoms of an occupational illness, it is important to report such work-related conditions to your supervisor as soon as possible. Delaying more than 30 days may mean loss of benefits.  The statute of limitations that normally applies for a personal injury lawsuit is two years from the date of injury (Note: there are some exceptions, so you should always consult with a personal injury attorney without delay.  For example, shorter time deadlines apply to claims against government entities, and there are some circumstances where the running of the statute of limitations may be delayed such as for a minor). While the statute of limitations may be tolled during the period the claimant is receiving medical or income benefits, the Georgia State Board of Workers' Compensation does not have discretion to permit a claim to move forward that is not filed before the expiration of the statute of limitations. This short window for complying with the statute of limitations makes it important to seek legal advice promptly after suffering a construction-related injury.

4. Doesn't it make more sense to wait and see how my workers' compensation claim proceeds prior to considering a personal injury claim or lawsuit?

To the contrary, there is really no good reason to procrastinate in terms of exploring the viability of a personal injury claim because workers' compensation benefits will almost always amount to less compensation than you can obtain in a personal injury lawsuit. Further, you are not forced to make an election between these options so it makes sense to investigate both types of claims simultaneously. Construction sites are dynamic environments where the entities performing work and conditions change rapidly so delays can mean that critical evidence or witnesses become unavailable. Because the statute of limitations imposes strict deadlines, this too makes it advisable to promptly seek legal counsel regarding a personal injury lawsuit.

Contact the Georgia Personal Injury Attorneys at Montlick and Associates Now!

If you or someone close to you has been injured in a construction accident, our Georgia personal injury lawyers have been representing injury victims for over thirty years throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.