Yes and no. You cannot collect Workers’ Compensation and sue your employer at the same time. However, it may be appropriate to sue someone else, a third party, for your injuries while you are collecting Workers’ Compensation benefits.
Workers’ Compensation law protects both you and your employer. It protects you by requiring your employer to carry an insurance policy that provides coverage for your injuries without requiring you to sue your employer or prove fault. This means that you are much more likely to receive benefits, and much sooner. Unfortunately, it means that you will probably receive less than you would if you did win a lawsuit.
It protects your employer because it does not allow workers to sue employers if they collect Workers’ Compensation benefits. This means that your employer does not have to pay out-of-pocket for your injuries or be found negligent.
You May Still Have a Lawsuit
If your injury was caused by someone other than your employer, you may be entitled to compensation through a personal injury lawsuit. For instance, if you were injured in a work-related auto accident, you may have a case against the other driver, and have the right to pursue that case and drawn Workers’ Compensation benefits at the same time. Equipment malfunctions, a common cause of very serious on-the-job injuries, are often caused by a defective product.
If you live in Atlanta, Georgia, or the surrounding area and have been injured on the job, please contact the experienced Workers’ Compensation attorneys at Robbins Law, PC to schedule your free consultation today. We can help you obtain your Workers’ Compensation benefits and determine if you should also file a third party personal injury lawsuit to truly cover your losses.