Why a Workers' Comp Claim and a Third-Party Injury Claim Can Exist for the Same Georgia Accident

Getting hurt on the job in Georgia usually means workers' comp, and many people assume that's the only claim available. Sometimes it isn't.

Workers' compensation generally covers a work-related injury without requiring you to prove your employer was negligent. But when someone outside the protected employer-employee relationship caused the injury, a separate third-party claim may also exist. Examples include:

• A crash while you're working: A driver from outside your company hits you while you're making deliveries, traveling between job sites, or otherwise working.
• Another company's negligence on a job site: Depending on the relationships between the companies, a contractor, property owner, or another company's employee may be a third party rather than someone protected by workers' comp immunity.
• Defective equipment: A manufacturer may face a product liability claim if defective machinery, tools, or safety equipment caused the injury.
• A dangerous property condition: A business or property owner outside your employment relationship may be responsible for a hazard that caused the accident.

The two claims do different jobs. Workers' comp can pay medical and wage benefits, while a third-party case may include damages such as pain and suffering. Georgia also gives the employer or comp insurer potential reimbursement rights in some third-party recoveries, so the claims need to be coordinated.

If you were hurt at work in Georgia, did anyone check whether a third party might also be legally responsible?