Is Workers’ Compensation My Only Option for Recovery?

I had a client call me recently who had been injured by a subcontractor at a large paper company in Augusta, Georgia. That client asked me if he could make a claim for workman’s compensation against his employer and also make a claim for personal injury in tort for the subcontractor that injured him at the worksite. If you’re reading this, you may have similar questions. I’ll share with you what I shared with that client.

The client cannot sue the employer for unlimited damages. The client is limited to workers’ compensation benefits for his work injury against his direct employer. However, if the employer has a subcontractor that is not directly affiliated with the employer and is not an employer of the injured employee, the injured employee can make a tort case in superior court against the subcontractor for personal injury, pain and suffering, and unlimited damages.

If you have any questions about your Georgia’s workers’ compensation case, give us a call. We’d be happy to help.