Atlanta Workplace Injury Attorney

If you were injured while on the job, you may be entitled to compensation for your injuries and other losses. Depending on the circumstances of your workplace injury, you may be entitled to compensation through the state’s workers’ compensation system, a personal injury lawsuit, or both. And if you lost a loved one to a workplace accident, contact an Atlanta wrongful death lawyer to find out if you and your family are entitled to death benefits.

What Compensation Is Available for Workplace Injuries in Atlanta?

Most workers are familiar with the state’s workers’ compensation system that pays certain benefits to workers injured on the job. However, the benefits available under the Georgia workers’ compensation system are extremely limited.

Upon approval of a Georgia workers’ compensation claim in Atlanta, as a workplace injury victim, you can receive the following benefits:

• Paid medical treatment for your injuries as long as you see a physician on your employer’s approved provider list
• Paid physical and occupational therapies if required to reach the maximum medical improvement for your condition
• Income benefits of two-thirds of your standard income, with a maximum payment of $800 per week for temporary total disability (TTD)
• Income benefits of two-thirds of the difference between your standard weekly pay and light-duty pay for temporary partial disability (TPD) if your doctor clears you for light-duty work, with a maximum of $533 per week for up to 350 weeks
• Permanent Partial Disability (PPD) benefits for a maximum of 400 weeks at an amount based on a physician’s assessment and percentage of disability under the guidelines of the American Medical Association
• Death benefits are paid to the closest surviving family member of a worker who suffers a fatal injury on the job, with $7,500 for funeral and burial costs and two-thirds of the decedent’s standard weekly wages, with a maximum of $533 per week

Georgia’s workers’ compensation does not include a category for permanent total disability payments, but you may be able to receive temporary total disability benefits indefinitely since Georgia removes the 400-week limit with evidence of a catastrophic injury.

Seeking Additional Compensation After an Atlanta Workplace Injury

Fortunately, there are some situations where an injured worker has claims outside the workers’ compensation system. Claims under these scenarios are not limited in the same way that workers’ compensation claims are.

Some examples of these situations include:

• Workplace injuries that are caused by someone other than a co-worker or your employer
• Injuries caused by a defective product used in the workplace
• Injuries caused by the intentional or reckless conduct of an employer or co-worker

Claims Caused by the Negligent Acts of People Other Than a Co-worker or Your Employer

If your workplace injury was caused by someone other than a co-worker or your employer, you have two claims, according to a premises liability attorney in Atlanta. One within the workers’ compensation system and one through a third-party personal injury claim directly against the at-fault party. You do not have to choose between one or the other, you can file both claims.

The most common example of this is when a worker is injured in a car crash while on the clock. Because the injury occurred while on the job, the worker can file a workers’ compensation claim with the help of an experienced Atlanta personal injury lawyer. However, the worker also has a personal injury claim directly against the at-fault driver. This claim carries the potential for far greater damages than those available under the workers’ compensation system.

What Are Intentional Acts That Allow an Employee to Sue an Employer?

The path to this type of claim outside the workers’ compensation system is very narrow. The law makes it exceedingly difficult for employees to meet the requirements for a personal injury claim against their employer. To do so, you and your Atlanta slip and fall attorney must show that your injury resulted from gross negligence or an intentional act of wrongdoing on the part of your employer. In other words, you and your workplace accident lawyer in Atlanta must show that your employer’s conduct was so egregious that it entitles you to compensation beyond what is available to you under the state’s workers’ compensation system.

Atlanta Product Liability Claims in the Workplace

If your workplace injury was caused by a defective product, you may have a claim against the product manufacturer. An example of this is when a piece of work equipment is defectively made and the worker operating the equipment is injured by it. Think of a table saw that is manufactured without the proper blade guard and causes injury to a construction worker on a job site.

For this type of claim to exist, the product must be defective because of the way it was designed or manufactured, or because it came without the proper safety warning or instructions for its use. If the product defect resulted from your employer’s failure to maintain it, you have no personal injury claim against the manufacturer. You also likely have no claim against your employer because Georgia workers’ compensation law bars an employee from suing their employer. Speak with a specialized Atlanta product liability lawyer for help with your specific claim.

What Compensation Is Available Through a Lawsuit That’s Not Allowable Under Workers’ Compensation In Atlanta?

Workers’ compensation is a safety net for those injured on the job, but the allowable benefits are limited, especially with today’s rapidly rising cost of living. Workers’ compensation only allows an injured worker in Atlanta to receive compensation for a portion of their economic damages, while a lawsuit allows the injury victim to recover full compensation for economic damages, plus compensation for their non-economic damages like pain and suffering. A successful lawsuit against a third party, such as a contractor or the manufacturer of a defective product, can result in damages such as the following:

• Medical expenses for the physician of your choice rather than from an employer’s list of approved providers
• Anticipated future medical expenses for ongoing treatment
• Out-of-pocket costs, such as for traveling to see a specialist
• Lost earnings
• Future income loss
• Compensation for lowered future earning ability due to disability
• Compensation for pain and suffering
• Compensation for other non-economic damages that apply in individual cases, such as loss of limb, scarring, disfigurement, loss of vision, hearing loss, or diminished quality of life

If a workplace injury in Atlanta results in a death, close family members may obtain compensation for their losses through a Georgia wrongful death claim.

What Damages Are Available After a Wrongful Death in the Workplace?

Georgia allows family members of a fatally injured worker to recover compensation for their economic and emotional losses through a wrongful death lawsuit against a third party. Damages available include the following:

• Reimbursement for medical expenses if the decedent had treatment before their death
• Funeral and burial expenses
• A loved one’s lost wages for time away from work
• Compensation for the decedent’s lost income for the number of working years they had remaining to them had they not died
• Compensation for the loss of benefits such as health insurance and retirement plan contributions
• Compensation for the loss of household services such as caring for the yard, home, or children
• Compensation for non-economic damages such as loss of a spouse’s companionship and consortium, or the loss of a parent’s guidance and support

A wrongful death lawsuit recovers damages far more completely than a workers’ compensation claim alone. An Atlanta workplace injury lawyer can review the circumstances of the death to determine if it’s possible to file a lawsuit in addition to death benefits through workers’ compensation.

Contact an Experienced Workplace Injury Lawyer in Atlanta, Georgia

For more information regarding compensation for a workplace injury in Atlanta, or for help with filing a claim, call Piasta Walker Hagenbush, LLC at (404) 996-1296, or visit our contact page to schedule a free case evaluation with an experienced Atlanta workplace injury lawyer. We handle workplace injury claims on a contingency fee basis, meaning that you pay us no legal fee unless we win compensation on your behalf.