Whenever someone is injured on the job in Atlanta, Georgia, there is a high likelihood that they are covered by and entitled to workers’ compensation benefits. If your employer has at least three full time or part time employees, and if they are not exempt from workers’ compensation rules, then they should have coverage. Further, they should help you to file for the benefits that you require. Workers’ compensation is a no fault system in which you can receive medical benefits and wage benefits from the workers’ compensation insurance company of your employer. It prevents you from filing any lawsuits against your employer and ensures that you are covered without needing to do so. However, it does not prevent you from filing a third party injury claim against another liable party.
You usually cannot file a personal injury lawsuit against the employer or any co-workers involved, but you are not prohibited from pursuing compensation from third parties. These third party claims might involve a product liability claim, an auto accident claim, or a premises liability claim, for example. It all depends on the nature of your work and how the injury occurred. You can pursue a workers’ compensation claim and a third party claim at the same time, and they will not affect each other.
When You Have a Product Liability Claim in Addition to a Workers’ Compensation Claim
Many workers’ compensation claims arise from situations that involve defective products. This is especially common in factory environments, where various machines are used and may be defective. It also happens in auto accidents where an automobile part malfunctions. If you are injured by a defective product at work, you can file a claim for workers’ compensation benefits. You can also file a product liability claim against the designer, manufacturer, or distributor of the product. It all depends on what caused the product to be defective.
To be successful in a product liability claim, you will need evidence to prove that the product was actually defective. You should talk to your employer about keeping the machinery or other product in the condition that it was in at the time of the injury, and to not get rid of it or attempt to fix it without first giving you time to talk to an attorney and gather the evidence. Your employer may also have documents and receipts related to the product, and you can request copies of these documents to bring with you to your free consultation with a personal injury and workers’ compensation attorney in Atlanta, Georgia. The attorneys at Bader Scott Injury Lawyers can help you with both claims.
When You Have an Auto Accident Claim in Addition to a Workers’ Compensation Claim
Some jobs involve travelling or the need to run errands for the employer. Whenever your work involves the use of a vehicle, and you get into an auto accident, you are likely to have a workers’ compensation claim and an auto accident claim at the same time. If another driver caused the accident, then they are legally responsible for your damages. You can file a claim with their auto insurance policy, and negotiate for a settlement. You may even need to file a lawsuit. You will want to gather evidence at the scene of the accident by taking photographs and collecting the contact information of witnesses. You also need to exchange insurance and contact information with the other driver and report the accident to the local authorities. Taking photos of the injuries, the property damage, the position of the vehicles, the road conditions, and anything else that may be relevant to establishing liability or the severity of damages can go a long way towards proving your case. You can still file for and receive workers’ compensation benefits at the same time. Again, Bader Scott Injury Lawyers can help with both claims.
When You Have a Premises Liability Claim in Addition to a Workers’ Compensation Claim
Some jobs require employees to go onto the property of others. This includes those who deliver mail and parcels, those who deliver products to stores, and those who check the meters or collect the trash, for example. It even includes traveling salespersons and equipment repair workers. All of these occupations (and plenty of others) face the risk of an auto accident or a premises liability accident. The most frequently seen premises liability claims are those that involve slip or trip and fall accidents. These incidents may occur because the property owner failed to remove ice, failed to address spills, or failed to warn others of the hazard. They can also occur because of damaged flooring or carpeting, damaged sidewalks and driveways, or hazards that are left in poorly lit spaces.
If you are injured on the job because of a hazard on someone else’s property, other than the property of your employer, then you can probably pursue a premises liability claim at the same time as your workers’ compensation claim. This may involve filing a claim with the homeowner’s insurance policy or the insurance policy of the business who was responsible for the property. When you are injured on someone else’s property, you will want to take photos of the hazard and the injuries, get the contact and insurance information of the property owner, and contact an attorney right away.
The Atlanta, Georgia, Workers’ Compensation Attorneys at Bader Scott Injury Lawyers Can Help You
It is wise to contact a personal injury and experienced workers’ compensation attorney in Atlanta, GA whenever you have sustained any kind of injury on the job that is also a personal injury claim. You will want to work with an attorney who has experience with both types of claims and knows how to ensure that you get the full amount of benefits and compensation that you are owed. Contact Bader Scott Injury Lawyers to schedule a free consultation, and bring with you any evidence that you have collected. We will work hard to ensure that no stone is left unturned when it comes to recovering fair compensation for your losses.