Atlanta Personal Injury Lawyer Blog

Can a person injured in an accident in Georgia have both a worker's compensation claim and a personal injury claim? Yes. Georgia personal injury lawyers and Georgia worker's compensation lawyers should always evaluate the accident to see if both personal injury and worker's compensation claims exist. Atlanta worker's compensation attorney, Richard Griffin, stated, "if a worker is injured on the job and the accident was caused by the negligence of a third party, then you can have both a worker's compensation claim and a personal injury claim. The easiest example would be a truck driver that is involved in a truck accident due to the negligence of another driver who is not a co-worker. If the truck driver is an employee and is on the job when the motor vehicle accident occurs, then he or she has a worker's compensation claim against his or her employer and their worker's compensation insurance company. The truck driver would then also have a personal injury claim against the negligent driver for his or her medical expenses, lost wages, pain and suffering, and punitive damages (examples DUI, hit and run, etc.). Under Georgia Worker's Compensation laws, the injured worker or worker's compensation claimant could seek treatment with worker's compensation doctors and have his or her worker's compensation related treatment paid for as the treatment is provided. Lost wages under worker's compensation are paid as you go in the form of temporary total income benefits and temporary partial disability benefits.

Georgia law provides for worker's compensation to be the "exclusive remedy" employees have against their employers. However, this "exclusive remedy" does not apply to people who are not co-workers or the injured victim's employer.

Attorney Richard Griffin of Firm, The Griffin Law, P.C. stated that it is very important that you seek the advice (free consultation) of an Atlanta worker's compensation lawyer and an Atlanta personal injury lawyers as soon as possible after you are injured. In this way you can learn about your rights and can understand what actions need to be taken to protect and process your Atlanta personal injury claims and Atlanta Worker's Compensation Claims.