Misrepresentation of insurance coverage resulted in a $10.1 million reward for our client, the victim of a pedestrian accident involving commercial vehicle

If workplace negligence caused you to suffer an injury, you need legal help. Cruz & Associates can help you understand what your award should be and will represent you with competence and compassion. Companies have a responsibility to keep the workplace safe for all of their employees and to take reasonable care to safeguard their well-being.

Workers’ Compensation in Georgia

If you suffer an injury in the workplace, workers’ compensation is most likely the first place that you will go for help. The law requires companies to carry insurance to cover employees if they injure themselves while they are working. Workers comp pays medical expenses, rehabilitation, and a portion of the wages that you lost because of your injury.

Filing a Lawsuit Without Workers’ Compensation

Workers’ compensation is not always the only option. By accepting workers’ compensation, you forfeit the right to bring a personal injury suit against your employer. Before you decide to file workers’ comp, consider whether a lawsuit might be better for you. If your employer was responsible for your injuries, a lawsuit will mean you are more likely to receive compensation for your full wages and medical care.

Though you can’t sue your employer and file a workers’ comp claim, you can get workers’ comp and file a lawsuit if another party might be responsible for your injuries. Here are situations where you can file a lawsuit along with workers’ compensation in Georgia.

  • A third party is responsible. If a defective product caused your injury, you may be able to sue the manufacturer or distributor. If a product malfunctions due to an inherent flaw, the manufacturer may be liable for any injuries. If the distributor was aware of the danger and didn’t warn prospective users of the danger, they also may be liable for your damages.
  • A toxin caused the injury. Many jobs involve working with dangerous chemicals that can cause disease or damage. Acute toxic injuries appear right away and are generally easier to prove because they are immediate and outwardly visible. Latent toxic injuries may take a long time to discover because they may cause injuries like cancer or lung disease. If any toxic substances have injured you, you may have the right to file a lawsuit with the manufacturers of the toxin or the makers of the safety equipment that should have protected you from the chemicals.
  • Another employee caused the injury. Injuries in the workplace are not always either the fault of the employer or a product. Another employee could be the cause of your injury, whether by intent or accident. In that situation, you may be able to separately file a lawsuit against the person responsible.

Independent contractors are an exception to workers’ compensation rules. If you are an independent contractor and suffer an injury on a work site, the rules are complicated. Although the law doesn’t require the employer to cover independent contractors with workers comp, it is best to consult a lawyer to see if that is true in your case.

What Do I Do After I’ve Been Injured at Work?

The first thing you should do after suffering an injury at work is report it to your employer. The next step is to see a doctor as soon as you can. To receive workers’ compensation, you will need details about the injury or, if you are eligible to file a lawsuit, you will want medical records as proof of the extent of your injury.

Workplace Accident Attorney

Whether you have workers’ compensation or are planning on filing a lawsuit for your workplace injury, you need an attorney. Working with companies in lawsuits can be difficult but the attorneys at Cruz & Associates have the experience and knowledge to go up against any company.