Most employees in Georgia are covered by workers’ compensation insurance coverage. Workers’ comp is a no-fault system that provides benefits to workers injured on the job.
Benefits include wage loss and medical treatment. However, workers’ compensation only covers a portion of an injured employee’s losses. It pays nothing for pain and suffering damages.
A third-party claim is a personal injury claim that an injured employee might be entitled to file in addition to their workers’ compensation claim. An injured worker’s compensation from a third-party claim could be substantially more than they receive for their workers’ comp claim.
What Is a Third Party in a Georgia Workers’ Compensation Claim?
Generally, injured workers cannot sue their employers for damages when they are covered by workers’ compensation insurance. However, they may have a third-party claim if someone other than their employer was responsible for causing their accident.
A third party is not a party to the workers’ compensation claim. Instead, they could be responsible for causing your work-related injury because of their negligence, intentional torts, or other wrongdoing. Under personal injury laws, you may have a civil claim against a third party for economic and non-economic damages.
Injured workers can file both a workers’ compensation claim and a third-party claim. The claims are separate and have different types of compensation for damages.
What Types of Claims Qualify as Third-Party Claims for a Georgia Workplace Accident?
Many incidents and circumstances can give rise to a third-party claim for a workplace accident. Examples of situations that could lead to a third-party claim for a work injury include:
Product Liability Claims
A manufacturer or other responsible party can be held liable if a defective product causes your injuries. For example, you fell from a roof because your fall protection was defective. Another example might be having your arm caught in a machine because the safety features to prevent caught-in accidents were defective.
Motor Vehicle Accidents
If you are injured in a car accident caused by another driver, you might have a third-party claim against the driver. For instance, suppose you were delivering products to a job site when a driver rear-ended your vehicle. You could sue the driver for damages if you were injured because of the driver’s negligence.
Premises Liability Claims
These types of third-party claims occur when you are injured on another party’s property. For example, let’s say you were installing appliances in an apartment complex. However, the owner failed to warn you about or correct faulty wiring. You may have a claim against the building owner for damages.
Construction Site Accidents
Subcontractors, engineers, contractors, and other parties could be liable for injuries on a construction site. You would need to prove the third party was responsible for your damages because of their negligence or wrongdoing.
Proving Fault for Third-Party Claims
You are not required to prove fault to recover benefits for a workers’ compensation claim. You could be at fault for causing workplace injuries and still receive benefits. An exception would be if you intentionally caused your injuries or were intoxicated when the accident occurred.
However, third-party claims require you to prove fault to recover compensation for damages. You must have evidence proving the other party owed you a duty of care and breached the duty of care. Then, you must prove that the breach of duty directly caused your injury and that you sustained damages.
Several causes of action may be used to prove your case for a third-party claim, including strict liability, negligence, vicarious liability, and intentional torts. If you can prove a third-party claim, you could receive compensation for non-economic damages, including:
- Loss of enjoyment of life and quality of life
- Pain and suffering
- Impairments and disabilities
- Scarring and disfigurement
- Mental anguish and emotional distress
A third-party claim may also reimburse you for all loss of income, out-of-pocket expenses, and medical bills. The amount you receive for a third-party claim depends on the facts of your case, the severity of your injuries, and whether you could be partially to blame for causing your work injury.
Contributory Fault and Third-Party Claims in Georgia
Contributory fault can reduce or bar you from recovering damages for a third-party claim if you are partially to blame for causing your injuries. Georgia’s comparative negligence law bars victims from receiving damages if their fault for their injuries is equal to or greater than the other party’s.
However, if you are less at fault than the other party, you can recover some money for your claim. The judge reduces your compensation by your percentage of fault. Therefore, it is not in your best interest to accept blame for causing an accident or discuss a claim without seeking legal advice.
Get Help With a Third-Party Claim in Georgia?
If you have questions about a third-party claim or workers’ compensation claim, contact an attorney from The King Firm Car Accident and Personal Injury Lawyers at (229) 386-1376 for a free consultation.
