Construction work is one of the most dangerous professions in Georgia. Every day, workers in this field face significant risks of serious injury, from heavy machinery to unsafe working conditions, and accidents happen more often than we would like. When a construction worker is hurt on the job, there are two main ways to receive compensation: through workers’ compensation or by filing a lawsuit. Each option has its own set of rules and functions differently, making it crucial to understand how workers’ compensation impacts a potential lawsuit. This is especially true when dealing with construction accidents in Georgia, where the law has its own specific guidelines. At Princenthal, May & Wilson, LLC, we are committed to helping injured construction workers navigate these legal complexities to secure the compensation they deserve.
What is Workers’ Compensation?
Workers’ compensation is a system set up to help workers who get injured while doing their jobs. It allows employees to receive financial support without having to prove that someone else was at fault. The goal of workers’ compensation is to quickly provide medical care and wage replacement to those who are injured. In Georgia, all businesses with three or more employees are required to carry workers’ compensation insurance. This insurance is there to help workers who are hurt, no matter who caused the accident.
For a construction worker, this means that if they get hurt on a job site, they can receive benefits without needing to take legal action. Workers’ compensation benefits cover medical expenses, a portion of lost wages, and in cases of serious injury, compensation for permanent disability. These benefits are vital for helping an injured worker recover and support their family during the time they cannot work.
Limitations of Workers’ Compensation Benefits
While workers’ compensation provides much-needed help, it does have limitations. For example, workers’ compensation only pays a percentage of a worker’s wages while they are recovering. It also does not offer money for pain and suffering, something that can be a huge part of a worker’s experience after a serious accident. Additionally, in many cases, the benefits may not be enough to fully cover the costs of long-term medical treatment or the financial burden of being out of work for an extended period.
Attorney At Law Attorney At Law Attorney At Law
Adam Princenthal
David May
Matthew Wilson
These limitations are why some workers look for additional compensation. Workers’ compensation laws in Georgia generally prevent employees from suing their employers for work-related injuries. However, there are times when a lawsuit might still be an option. This usually happens when a third party, like a subcontractor or equipment manufacturer, is responsible for the accident.
Third-Party Lawsuits in Construction Accidents
When a construction worker is injured, there are often many people involved in the situation. On a job site, it is not just the worker and their employer. There are usually several other companies, contractors, and individuals responsible for different parts of the work. If someone other than the employer is at fault for the accident, the injured worker may have the right to file a third-party lawsuit.
For example, if faulty equipment caused the accident, the worker might be able to file a lawsuit against the company that made the equipment. Or, if another contractor on the site acted carelessly, the worker could potentially hold that contractor accountable through a lawsuit. These third-party lawsuits are not limited by workers’ compensation laws. This means the worker can seek compensation beyond what workers’ compensation provides, including money for pain and suffering, full lost wages, and other damages.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
How Workers’ Compensation Impacts Lawsuits
The relationship between workers’ compensation and a third-party lawsuit can be complicated. When a worker receives workers’ compensation benefits and then wins a lawsuit, the workers’ compensation insurance company may have the right to be reimbursed for the benefits it paid out. This is called a “subrogation” claim. For example, if the worker sues the manufacturer of faulty equipment and wins a settlement, the workers’ compensation insurer might claim part of that settlement to cover what it paid in medical bills and wage replacement.
This means that while workers’ compensation benefits are important, they can impact the amount of money an injured worker gets from a lawsuit. Understanding how these two systems work together is key to making sure the worker receives all the compensation they deserve.
Filing a Lawsuit After a Construction Accident in Georgia
If a construction worker in Georgia wants to file a lawsuit after receiving workers’ compensation benefits, they need to follow certain rules. The lawsuit must be filed within two years of the date of the accident. It is also important to remember that while workers’ compensation provides quick benefits, a lawsuit takes time. Lawsuits involve gathering evidence, talking to witnesses, and possibly going to court. This can be a long process, and it is important to work with an experienced attorney who understands both workers’ compensation and personal injury law.
Hiring a Personal Injury Attorney How Long Will a Personal Injury Case Take?Related Videos
In Georgia, construction accidents can involve complicated legal situations. There are often multiple parties involved, and figuring out who is responsible for the accident is not always easy. This is why having legal representation is so important. A lawyer can help injured workers understand their rights and guide them through the process of filing a lawsuit.
Common Types of Construction Accident Lawsuits
Construction accidents can happen for many reasons, and each type of accident may lead to a different kind of lawsuit. Some common examples include equipment failures, falls from heights, or accidents involving vehicles on the job site. Each of these accidents might involve different parties. In an equipment failure, the manufacturer of the equipment could be responsible. In a vehicle accident, another driver or even the company that owns the vehicle could be liable.
A worker injured by a falling object may also have a claim against a contractor who failed to follow safety regulations. Construction work often involves multiple layers of responsibility, and a lawsuit might be necessary to sort out who is at fault for the worker’s injuries.
When Workers’ Compensation is Not Enough
In some cases, workers’ compensation does not fully meet the needs of the injured worker. This might be because the injuries are so severe that they require ongoing medical care, or because the worker is unable to return to their job and support their family. In these situations, a lawsuit can provide additional compensation that helps the worker recover fully, both physically and financially.
For example, if a worker is permanently disabled because of an accident, they may need to make modifications to their home, receive ongoing physical therapy, or be unable to work in the future. Workers’ compensation benefits may not cover all these costs. A lawsuit can provide a way for the worker to receive the full amount of compensation they need to move forward with their life.
Representative Cases
The Importance of Legal Help
Filing a third-party lawsuit after a construction accident can be complicated. Workers need to make sure they follow the rules for workers’ compensation, while also pursuing a lawsuit in a timely manner. Legal assistance is essential for making sure that injured workers receive all the benefits they are entitled to.
A lawyer can help figure out who is responsible for the accident and make sure the injured worker does not lose out on the compensation they deserve. They can also help with the workers’ compensation process, making sure that the injured worker receives the benefits they are entitled to while pursuing a third-party claim.
When Should You File a Lawsuit?
If a construction worker is hurt on the job, the first step is to apply for workers’ compensation benefits. This will help cover medical expenses and lost wages. However, if the accident was caused by someone other than the employer, it might be necessary to consider filing a lawsuit. It is important to act quickly, as there is a two-year deadline for filing a personal injury lawsuit in Georgia. Consulting with a lawyer as soon as possible can help make sure that all deadlines are met and that the worker does not miss out on their right to seek compensation.
Construction accidents in Georgia are serious, and they often have lasting effects on workers and their families. Workers’ compensation benefits provide important financial support, but they do not always cover the full costs of an injury. When someone other than the employer is responsible for the accident, a third-party lawsuit can provide additional compensation that helps the injured worker recover.
If you or a loved one has been injured in a construction accident, it is important to get legal help right away. The team at Princenthal, May & Wilson, LLC is ready to assist you in understanding your rights and navigating the complexities of both workers’ compensation and third-party lawsuits. Reach out to our firm today to learn how we can help you get the compensation you deserve after a construction accident.