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Pursuing Legal Action for Serious On-the-Job Injuries

f you or someone you love was seriously injured on the job, you may have been surprised to learn that under Georgia law you cannot sue your employer for negligence leading to an on-the-job injury. In Georgia, as in most other states, your rights against your employer are limited to workers’ compensation. However, this does not apply to non-employer third parties who may also have had a hand in your injury.

While it may not always be worthwhile in the case of minor accidents, pursuing a lawsuit against a non-employer third party may be advisable when the injuries involved are serious and permanent. This is because the amount of compensation recoverable in a civil lawsuit is often significantly higher than what workers’ comp would provide for the same injury. While workers’ comp only covers medical expenses and lost wages, a civil suit against a third party could recover additional compensation for noneconomic losses like pain and suffering and loss of quality of life. While the facts of every case determine what third parties might be liable, there are several common potential defendants:

  • Outside contractors working on site
  • Manufacturers of faulty machinery or safety equipment
  • Other drivers in work-related vehicle accidents
  • Owners of leased business premises

While a suit against a non-employer third party may not be appropriate or advisable in every case, it is something that should always be considered when confronting a serious and catastrophic workplace injury. A knowledgeable Georgia injury attorney can investigate the circumstances of your workplace accident to uncover if any third parties were involved and, if so, help you and your family decide whether to pursue legal action against them.

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McMenamy Law is located in Atlanta, GA and serves clients in and around Atlanta, Decatur, Scottdale, Clarkston, Tucker, Avondale Estates, Pine Lake, Stone Mountain, Smyrna, Marietta, Mableton, Roswell, Conley, Austell, Lawrenceville, Forest Park, Dekalb County, Gwinnett County, Fulton County, Cobb County, Rockdale County, Cherokee County, Douglas County, Clayton County and Henry County.

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