Filing a Claim Against Your Employer

I met with a man recently who is a brick mason. He had been up on a scaffolding when it collapsed, and he had severe injury to his legs and to his back. This man asked me if we could sue his employer for his injuries. If you’re reading this, you may be asking the same question.

I told this man the same thing that I would tell you— under Georgia law, the man cannot sue his employer for pain and suffering and unlimited damages; the man is limited to workman’s compensation benefits of lost wages, medical bills, and a permanent impairment rating at the end of his case. There was another company involved in erecting the scaffolding and leasing the scaffolding to his employer, however, and we would be able to make a case against that company. This type of case is called a third-party case, and pain and suffering and loss of consortium to his wife could be brought in superior court or federal court. The man could even have a jury trial, if needed, in that case.

If you’ve had a construction accident that involves a company not affiliated with your employer, we’d be happy to talk with you. If you’ve got any questions about your case, give us a call.