Hawk Law Group | July 7, 2022 | Workers Compensation

Should I File a Workers Comp or Personal Injury Claim in Augusta GA

Following an accident at work, you might wonder whether you should file a workers’ comp or personal injury claim in Augusta, GA. However, what you may not know is that you may be able to file both. The experienced workers’ compensation and personal injury lawyers at Hawk Law Group can evaluate your situation during a free case review. 

Workers’ Compensation in Georgia

Most employers are required to carry workers’ compensation in the state of Georgia. Georgia’s State Board of Workers’ Compensation explains that workers’ compensation is an accident insurance program paid for by your employer. 

Workers who are injured within the course and scope of their job can receive benefits for:

  • Medical treatment 
  • Rehabilitation
  • Income replacements

If a worker dies on the job, survivor benefits are also available. 

These benefits are no-fault. With a workers’ compensation claim, you don’t have to show that your employer was negligent in causing your accident. However, you lose the right to be able to sue your employer for the full extent of your damages. 

To receive benefits under the workers’ compensation system, you must follow the applicable rules, including:

  • You must report your injury to your employer immediately.
  • You must provide a written report of the injury to your employer within 30 days.
  • You must complete specific forms to submit your claim.
  • You must receive medical treatment from one of the doctors listed on your employer’s panel of physicians.

Even though the workers’ compensation system is supposed to streamline the process for injured workers to recover compensation, many workers find that they need the help of a skilled workers’ compensation lawyer to get them the benefits they deserve.

Personal Injury Claims in Georgia

In some work injury cases, another party may be responsible for the accident. Common examples of third parties who may be responsible for injuries that occur at work include:

  • General contractors who fail to keep a safe working environment for sub-contractors or other workers on the job site
  • Property owners who have dangerous hazards on their property
  • Negligent product manufacturers whose dangerous products injure people at work
  • Companies responsible for toxic exposure

Even if you file a personal injury claim against a third party responsible for your injuries, you may still be eligible to file a workers’ compensation claim.

Differences Between Workers’ Compensation and Personal Injury Claims in Augusta, Georgia 

Some of the important differences between workers’ compensation and personal injury claims in Augusta, Georgia include:

One of the most important differences between workers’ compensation claims and personal injury claims in Augusta, GA is the legal burden that you must establish to recover compensation. For a workers’ compensation claim, you must generally show that your accident occurred within the course and scope of your work. However, you do not have to show your employer was negligent. 

For a third-party claim, you will have to show the defendant was negligent by proving:

  • The defendant owed you a legal duty
  • The defendant breached the legal duty
  • The breach caused your accident
  • You suffered damages

While meeting this burden is more difficult, it can potentially lead to a greater amount of damages and compensation for them.

Damages

Damages are the economic and non-economic losses you suffer because of an accident. For a personal injury claim, damages might include:

  • Current, past, and future medical expenses stemming from your injury
  • Costs to repair or replace damaged personal property
  • Lost wages
  • Reduced earning capacity 
  • Physical, mental, and emotional pain, suffering, anguish, and distress

Workers’ compensation benefits are usually limited to medical and partial wage replacement benefits.

Contact an Augusta Workers’ Comp Lawyer for Help

Whether you need to file a workers’ compensation claim or personal injury claim, Hawk Law Group can help. Our team can evaluate your situation during a free case review and explain your legal options.

For more information, please contact the workers’ compensation lawyers at Hawk Law Group at our nearest location to schedule a free consultation today.
We serve throughout the Central Savannah River Area and it’s surrounding areas:

Hawk Law Group – Augusta, GA
338 Telfair St, Augusta, GA 30901, United States
(706) 722-3500

Hawk Law Group – Evans, GA
4384 River Watch Pkwy, Evans, GA 30809, United States
(706) 863-6500

Hawk Law Group – Thomson, GA
146 Railroad St A, Thomson, GA 30824, United States
(706) 361-0350

Hawk Law Group – Waynesboro, GA
827 Liberty St, Waynesboro, GA 30830, United States
(706) 437-9122

Hawk Law Group – Aiken County, SC
156 Laurens St NW, Aiken, SC 29801, United States
(803) 226-9089

We also serve in Edgefield County, SC.