What is a Workers’ Compensation Claim?

A workers’ compensation claim is a type of accident insurance paid by the employer and includes medical, rehabilitation, and income benefits for any injured employee. The person is thus supported until that employee can recover from the injury and later return to work again. If the employee dies from the injuries on the job, the surviving family members will receive benefits as dependents of the employee.

workers’ compensation claim vs personal Injury claim

In Georgia, an employee can recover compensation for an injury suffered at work if the injury resulted from performing an action while in the course of the employee’s employment. Even if the worker’s actions contribute to the injury, employees are permitted to recover compensation for their injuries sustained while on the job. In addition, the employee does not have to wait for workers’ compensation benefits to “kick in,” these benefits are available for the employee as eligible to receive them on the first day on the job.

What is a Personal Injury Claim?

A personal injury claim is a claim that will review the case of who is at fault for an accident with an employee. In Georgia, a person looking to recover compensation for bodily injury under a personal liability claim will need to show that someone other than the injured party was at fault for the loss.

Workers’ Compensation vs. Personal Injury Claim

If an employee is looking to recover for injuries from an accident that happened on the job, it will be important to determine the fault of any third-party or the employee for the loss. There needs to be the element of fault for the loss in relation to another party other than the employee with a personal injury claim. For example, if an employee is injured on the job for something that is in the control of the employer – or the employer’s responsibility to maintain – then it may be better to file a personal injury claim.

Workers’ Compensation Claim

In the case of a workers’ compensation claim, there is no need to prove an element or factor of fault for an employee who is injured on the job. The law requires that all businesses with three or more workers working at the company have workers’ compensation available for those workers. This also includes all employees, whether they are working part-time or full-time hours.

All Workers Injured on the Job Must Report the Injury

Any time a worker is injured on the job, the worker should report the injury and the details of the loss to the employer right away. If the employee needs to seek medical assistance, the report should be made as soon as possible. The employee needs to tell the employer of any medical care providers seen regarding the injury and needs to explain what the medical treatment was and the nature of the injury for the claim. The employer will be responsible for paying for any hospital bills, doctor bills, medication and prescriptions, necessary travel expenses, or physical therapies associated with the injury sustained while on the job. The emphasis is that the injury needs to have occurred on the job. Any injuries to an employee that occur outside of work hours or when the employee is “off the time clock” will not be covered by workers’ compensation benefits.

Compensation in a Workers’ Compensation Case

A workers’ compensation case will be filed and alert the employer that the employee was injured. The type of claim for workers’ compensation can include:

  • Repetitive strain injuries (carpal tunnel)
  • Total disability (employee can never work again)
  • Injuries from exposures to harmful environments
  • Injuries for unsafe premises

Compensation in a Personal Liability Case

A personal injury claim is usually filed when a person is injured due to another person’s negligence or breach of a duty to keep people safe on the job. The compensation that could be available in a personal liability case might include:

  • Disability payments
  • Future medical expenses
  • Pain management
  • Pain and suffering
  • Future surgeries
  • Loss of consortium
  • Death benefits
  • Loss of financial support

Sample Cases for Workers’ Compensation

The following are samples of workers’ compensation cases:

  • The employee is hit by a falling object at a work site
  • The employee is wearing new shoes that are slippery on the bottom and slips and falls on the shop floor
  • The employee agrees to take new hours during a busy seasonal time and injures her back from overexertion or straining a back muscle

Sample Cases for Personal Liability

The following are samples of personal liability cases:

  • A defective product or piece of equipment injures an employee on the job. That employee is therefore injured due to the fault of someone else.
  • An employee works on a dangerous piece of equipment on the job. A coworker took off the safety attachment on the equipment to allow the machine to perform faster. The employee is seriously injured as a result of the safety protocols being ignored on the job.
  • An employee is injured when an employer takes back a coworker who has been drunk and under the influence of drugs on the job in the past. The employee with alcohol and drug issues starts a fight with another employee, and the result is that both employees suffer serious injuries.

If there is a lawsuit and the injured employee wins a compensation settlement, the employer may be reimbursed too out of that settlement money. This is because if a coworker is at fault for an employee’s injury at work, and the company paid workers’ compensation, the company will be able to offset or subrogate the money paid out in the injured employee’s workers’ compensation claim. These cases can be complicated, and you’ll want an experienced workers’ compensation attorney on your side.

 You can count on us, call the CEO Lawyer Personal Injury Law Firm if you have been injured at work and need to file a workers’ compensation claim. Our team of injury and accident attorneys is highly qualified to manage your workers’ compensation case from start to finish. We are here for you, and you can contact or call today for the peace of mind that you deserve when you have suffered an injury on the job and need to file a workers’ compensation claim.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.