Can You Sue an Employer for Negligence?
If you go to a grocery store, slip on the wet floor, and fall and break your hip, you may be able to sue the storeowner.
If you slip on a slick floor at your workplace and sustain the very same injury, you cannot sue your employer.
The injuries are the same. The negligence may be the same. But the law covering these injuries is different. Workplace injuries are covered by workers' compensation insurance.
The Workers' Comp Trade Off
The Georgia workers' comp program gives certain rights to injured employees. Employers agree to pay for their medical treatment, a portion of their weekly wages and certain other benefits. In exchange, injured workers give up the right to sue their employers.
Before workers' compensation insurance was common, injured workers could sue an employer in civil court. Both employers and injury victims spent a lot of time and money fighting these cases. The workers' compensation system prevents this type of litigation.
In theory, it's a fair trade off. However, in practice, the balance of power is tilted in favor of employers and their insurance companies. They are motivated to deny legitimate workers' compensation claims in order to save money. There is little risk to them because they know an employee can't sue them.
Leveling the Playing Field
That is why it is so important to speak to an experienced workers' compensation attorney about your case. At the Law Offices of Gary Martin Hays & Associates, P.C., our lawyers go toe-to-toe with the insurance companies. We level the playing field and protect the rights of our clients.
While an employee usually cannot sue an employer for workplace injuries, we can analyze your case to determine if there is any other potential source of financial compensation. And we will work tirelessly to see that you receive the full amount of workers' compensation insurance benefits you are eligible to receive.
To discuss your case, please contact us today for a free consultation and case evaluation.
