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Does Negligence Play a Part in My Workers' Compensation Claim?

by Kirk Farrar on Mar. 07, 2017

Accident & Injury Employment  Workers' Compensation Employment  Occupational Safety & Health 

Summary: Many people mistakenly believe that there is a direct relationship between negligence and workers' comp. The truth, however, is more complex - workers' comp is not like a personal injury case.

The legal system within a state, let alone the entire U.S., is hard to navigate when you're not a trained attorney. Though it may seem that an employer's negligence may play a part in any workers' compensation case, it usually does not, at least in the eyes of the law. Because claims for workers' compensation differ from personal injury cases, learning both the differences and similarities in these cases can help  you better understand the system as it relates to your own case or that of a loved one.

Negligence and Fault Key to Injury Cases, Not Necessarily So with Workers' Comp Cases

With personal injury claims, an attorney must prove that another person or entity bears responsibility for your injury. For example, if a homeowner has not repaired rickety stairs and has not informed you about the danger, s/he is responsible and may be at fault for your injury.

With workers' compensation cases, though, you needn't prove that the workplace or your supervisor was negligent. If you become injured while you're at work, you can usually receive workers' compensation benefits.

What Kinds of Damages am I Able to Collect?

In workers' compensation claims, an injured worker can usually receive payments for his or her medical bills. When a worker loses wages due to the injury, s/he may usually collect a percentage of the lost wages. If permanent partial disability has been incurred, an injured worker can often collect that as well.

With personal injury cases, on the other hand, an injured person may also recoup damages for pain and suffering, for damaged relationships, and for loss of his or her future potential.

Can an Injured Worker Sue Her or His Employer?

Usually, an injured worker cannot sue an employer for personal injury claims arising from work-related injuries. An experienced personal injury attorney, however, may be able to identify a third party who caused your injury and may be liable.

How Your Workers' Compensation Attorney Can Help You

If you become injured, whether work-related or otherwise, you need the assistance of an attorney who has experience in your type of case. Since injury laws are often specific to the region or state in which you're located, you need an attorney who's also familiar with the laws in your area.

Since sometimes, claims for workers' compensation are denied the first time, you need a persistent attorney who knows the law and will strive to get you compensated fairly for your on-the-job injury.

If you have been injured on your job in Georgia, call on the expertise of experienced Georgia workers' compensation attorneys Farrar, Hennesy and Tanner today.

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