I was injured at work. Can I sue my employer?

In Georgia, workers compensation is an “exclusive remedy”. That means that in most cases, even if the employer or a coworker was negligent and caused your injury, the only claim available to the injured worker is a workers compensation claim. Under workers compensation, the injured worker is entitled to medical care, weekly benefits while out of work due to the injury, partial benefits if returned to work at light duty with less pay, and permanent disability benefits if the injury results in any permanent disability. The injured worker cannot recover for pain and suffering.

To establish a workers compensation claim, it is critical that the injury is reported to a supervisor promptly. Always insist on a written injury report. The employer should maintain a posted panel of medical providers for you to choose from. In most cases, you must use a medical provider from the panel.

In every serious work injury case, it is important to get good advice from an experienced workers compensation attorney early in the process. With good advice, disputes with the employer and insurer can often be avoided.

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