Workers’ Compensation vs. Third-Party Liability for Georgia Construction Accidents

Sorting out legal responsibility for a construction accident in Georgia is often a more complex undertaking than victims realize. A jobsite involves a number of parties, including the project owner, general contractor, subcontractors, and even third parties without any direct ties to the construction project itself. So if you are a worker injured in a construction site accident, how do you know who to hold legally and financially responsible for your medical bills, lost wages, and other accident-related losses?

The Limits of Workers’ Compensation

If you have worked in construction for any length of time, then you probably already know that Georgia worker’s compensation requires your employer to pay you certain benefits. Workers’ comp is a “no-fault” system, which means you do not need to prove your employer was negligent or did anything to cause your accident. Similarly, your employer cannot refuse workers’ comp benefits if your own negligence contributed to the accident.

Unfortunately, workers’ compensation has certain limits. State law determines benefit levels. You actually will not receive full compensation for your lost income; instead workers’ comp provides only a percentage of your average weekly wage. And you normally cannot receive compensation for non-economic losses such as your pain and suffering.

Third-Party Personal Injury Lawsuits

Of course, you can seek full damages in a personal injury lawsuit. The problem is that so long as your employer complies with Georgia workers’ compensation laws, you cannot file such a lawsuit directly against your employer. This applies even if your employer was at-fault for the accident.

Workers’ compensation does not, however, prevent you from suing a third party whose acts caused, or contributed to, your accident. For example, if you work for one construction subcontractor at a jobsite and another subcontractor’s negligence injures you, it is possible to seek compensation from the other subcontractor. Similarly, if your injury was the result of a defective tool or piece of construction equipment, you could have a product liability claim against the manufacturer.

Then there are motor vehicle accidents, which are a commonly overlooked source of construction jobsite injuries. If you are struck by a vehicle unconnected to the project, you can sue that driver the same as you would if you were hit while driving to work or crossing the street. The same standards of negligence and liability apply.

In short, never assume that workers’ compensation is your only option following a construction accident. If you can pursue a third-party personal injury claim, you may be able to recover full compensation for your lost income, future medical expenses, pain and suffering, and in certain cases even punitive damages.

Contact an Atlanta Construction Accident Lawyer

Construction work carries a certain degree of inherent risk. That is still no excuse for reckless or negligent conduct that leads to preventable worker injury. If you, or someone in your family, has been hurt at a job site and you need legal representation from a qualified Atlanta construction accident lawyer, contact Morain & Buckelew, LLC, today at (404) 448-3146 today to schedule a free consultation.