Can I Sue My Employer in Atlanta for Workers' Compensation?
Employer Lawsuits in Atlanta for Workers’ Compensation
People often ask me, “Can I sue my employer?” Sometimes they don’t want to “sue” their employer by filing a workers’ compensation claim. These two are somewhat different things. First and foremost, when a person suffers a work-related injury, they file a workers’ compensation claim. This is not technically “suing” the employer, it is merely filing a claim for workers’ compensation benefits. There is a difference that I will explain in more detail. However, the fact remains that work injuries often require workers’ compensation attorneys to assist you through the process.
Employer Negligence vs Willful Co-Worker Acts
Many times people also ask if they can sue the employer directly for being negligent. These are very fact-specific questions but the general answer is, “No.” Georgia is subject to the “exclusive remedy provision” which protects employers and insurers from tort actions for work injuries. However, there are exceptions such as willful acts of coworkers. This includes acts purely personal in nature, as
well as, some cases of sexual assault, libel, slander, sexual harassment, false arrest, intentional affliction of emotional distress, and fraud. Also, this includes the procurement of settlement of Award and failure to provide insurance. However, if the injury was related to work duties or activities, the exclusive remedy provision takes over.
Contact Beth Gearhart – Atlanta Workers’ Compensation Attorney
Finally, Georgia workers’ compensation laws are complex. An employer lawsuit creates complexity, so work with a professional to guide you through the process. Contact Beth Gearhart to answer all your questions and provide insight into options at no cost. Beth receives fees out of a settlement check only if you win your case and get paid. So, there it’s risk-free to you. Beth listens and cares about her clients and is awaiting your call. Call today and speak to Beth directly, not an answering service like other lawyers.