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Can I Sue My Employer In Georgia for a Workplace Injury?

January 05, 2016

The rights of an employee who is injured on-the-job to pursue a personal lawsuit is a common issue that the Worker's Compensation Attorneys at Montlick and Associates address for clients. Generally, a worker who is injured while engaged in work-related activities must pursue worker's compensation benefits rather than a lawsuit against an employer. Although there are exceptions to this general rule, these exceptions are fairly rare. While many people initially are disappointed to learn that they cannot sue their employer for a work injury, our experienced Atlanta worker's compensation lawyers strive to be the top workplace injury lawyers in Georgia by diligently pursuing all potential forms of recovery for our clients.

Worker's Compensation Benefits Exclusive Remedy against Employer

Worker's compensation benefits usually constitute the exclusive remedy available against an employer for injuries and fatalities that occur in the course of employment. However, there are advantages to a worker's compensation claim because you do not need to file a lawsuit against your employer or establish the fault of your employer to obtain benefits. The worker's compensation system provides a no-fault option to obtain payment of your medical bills, a portion of lost wages, compensation for permanent disability, and other benefits depending on the circumstances.

Third Party Lawsuit to Obtain Personal Injury Damages

Admittedly, the financial compensation available in the form of worker's compensation benefits is typically far more limited than damages available in a personal injury lawsuit. Although an injured employee usually cannot sue an employer for a work-related injury, this does not foreclose the possibility of obtaining monetary damages beyond worker's compensation benefits. One of the ways that our law firm has tried to earn the reputation as the best worker's compensation law firm in the Southeast has been to explore all potential avenues for recovery.

When our lawyers at Montlick and Associates are handling an on-the-job injury claim, we investigate the facts surrounding the injury to identify potential negligence by third-parties. Although Georgia worker's compensation laws bar lawsuits against an injured worker's employer, there is no such prohibition against suing a careless or inattentive third-party involved in a work-related incident. Further, an employee is not limited to a choice between these options when seeking a full recovery. This means that our law firm might be able to represent you in taking advantage of the no-fault benefits available under the worker's compensation system while simultaneously filing a lawsuit against a negligent third-party who contributed to your work accident, injury, or illness.

If you were injured by a defective piece of heavy machinery with a defective design, for example, the manufacturer of the machine should be liable. Similarly, an employee who works for a roofer might have right to pursue a civil lawsuit against a negligent driver for a company that delivers materials to the worksite.

Montlick and Associates Zealously Advocate for Those Injured in a Workplace Accident

Contact Montlick and Associates to set up a free consultation, so we can advise you of your remedies and pursue the full amount of compensation that you are entitled to receive. Montlick and Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, 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. Our firm strives to be the best personal injury law firm in the United States. 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 and use our Free Case Evaluation Form or 24-hour Live Online Chat.

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.