Third Party Workers' Comp Claims in Atlanta, GA

In regard to on-the-job injuries, third party liability arises when a workplace accident occurs due to the negligence of an individual or entity separate from the worker’s employer. For instance, if a worker suffers a back injury after slipping and falling on a wet floor, they can seek workers' compensation benefits. If the floors were left wet by a cleaning company that failed to put up signs indicating a slippery surface, the cleaning service may also be held accountable for the injury.

Third party claims are also common on construction sites, where a number of individuals, including subcontractors, are responsible for the premises. For instance, if a worker is injured in a scaffold collapse, they may be able to bring a claim against the scaffolding company. In these third party claims, it is typically alleged that the company failed to properly erect the scaffold, and it, therefore, collapsed as a result.

Georgia's exclusive remedy law protects employers from being sued by their employees. An employee cannot file a claim for workers' compensation and subsequently file a personal injury suit against the same employer. This law was enacted so that injured employees have only one way to recover compensation for their injuries, which is through the employer's workers' compensation insurance. In exchange for the exclusive remedy law, employers must provide workers' compensation insurance, even if the victim causes their own work injury.

If you or a loved one has been hurt on the job, contact us today to find out if you can file a third party claim.