Can You Sue If You Accept Workers Compensation?

Personal Injury & Workers' Compensation Attorneys Serving Atlanta, Marietta, Cumming, And Nearby Areas Of Georgia

Posted: February 19, 2018

In the state of Georgia, you cannot sue your employer for a work-related injury. However, if your injury was caused by the negligence of a third party such as a coworker, you can collect workers compensation benefits and still sue the responsible third party. Your right to workers compensation is not affected if you choose to also sue a third party.

If you were injured at work through the negligence of someone else, call the Law Offices of Izquierdo Humberto Jr., PC today at 770-999-9015 for a free legal consultation. Our workers compensation lawyers have the experience needed to help you navigate both your workers comp claim and any additional lawsuits you want to pursue.

Who Can You Sue After An Injury At Work?

After a workplace injury, you will likely be out of commission and unable to earn income for some time. Your workers compensation benefits should help, but there is a limit to how much you can collect from workers comp. If your injury was directly caused by someone else's negligence, you may be able to sue for further compensation to help with your recovery and to help provide for your family.

You cannot sue your employer directly, but third parties that you can sue include:

  • Coworkers: If your injury was caused by a coworker's neglect or malicious intent, you can sue them for damages.
  • Equipment manufacturers: If your injury was caused by an equipment malfunction, you may be able to sue the manufacturer or repairman.
  • Safety foreman or manager: If your injury was caused by an oversight in safety protocol, you may be able to sue the person responsible for ensuring safe conditions.

If you think that your injury was caused by a third party, please be sure to let our personal injury lawyers know. We can help you decide on the best course of action to get you the maximum compensation possible through all avenues available.

Why Should You Sue If You Are Getting Workers Compensation?

You may think that it's pointless to bring a lawsuit if you are already receiving workers compensation benefits. However, workers comp only goes so far, and if you have a family to support you may find yourself struggling even with the maximum in workers compensation. Suing a responsible third party can help ensure that you receive enough compensation to recover comfortably without the stress of worrying about money.

In addition, bringing a lawsuit against someone directly responsible for your injury sets an example, and you may be able to protect others from the same fate you suffered. Suing an equipment manufacturer can force them to look more closely at equipment safety before sending out potentially unsafe machines. Suing a coworker who causes injury through their negligent or malicious activities will hopefully make them change their ways.

Schedule Your Legal Consultation

We know that after being injured the last thing you may want to deal with is insurance, lawyers, and paperwork. However, hiring a lawyer to help you through the process can ensure that you receive the maximum compensation you are entitled to and that nothing slips through the cracks.

Call the Law Offices of Humberto Izquierdo, Jr., PC today at 770-999-9015 to schedule your free, no-obligation legal consultation. We do not charge a fee until your case is successfully resolved.

Our entire office is bilingual in Spanish and English, to better serve our Spanish-speaking community. We serve clients in Marietta, Cumming, and Atlanta, Georgia.