Workers’ Compensation: Common Questions

Workers’ Compensation in Georgia – Common Questions


Am I entitled to damages for pain and suffering or to punitive damages?

•· No. Georgia Workers’ Compensation laws do not provide for payment to an injured worker for pain and suffering.

•· No. Georgia Workers’ Compensation laws to not provide for payment to an injured worker for the type of punitive damages that are sometimes awarded in other personal injury cases.

Can I sue my employer for other types of damages?

  • If your employer is subject to the Workers’ Compensation Act (i.e. 3 or more employees), then you cannot file suit against your employer. Your remedy is to file a Workers’ Compensation claim with the State Board of Workers’ Compensation.
  • There may be exceptions to this in very limited situations. Consult your attorney.

Can I sue other companies or people who are responsible for my injuries? You may be able to file suit against another person or company who is responsible for your injuries. Typically, this is someone that is not employed by your employer, but caused the accident or injury you suffered.

•· Examples of these types of third-party claims would include;

•o The driver of a vehicle that caused an accident that injured you while you were working.

•o The manufacturer of a defective machine that you used at work.

•o Consult your lawyer for other situations that may apply.

Why am I not able to sue or get other compensation from my employer? Benefits available to an injured worker are provided for by specific statutes or laws. They are not the same as may be available to you in other personal injury cases, and are generally available as a mandatory alternative to traditional lawsuits. Basically, if it is not a benefit listed or defined in the Workers’ Compensation Act, it is not available.


An experienced attorney familiar with Workers’ Compensation law can help you protect your rights and can help you get the benefits you deserve. We have the knowledge, experience and skill to assist you in dealing with the process of obtaining the medical and income benefits you need when you are unable to work due to injury on the job or work-related disease . We represent workers in Workers’ Compensation injury and disease claims throughout North Georgia including Cobb County, Cherokee County, Bartow County, Floyd County, Paulding County, Fulton County and Forsyth County. Contact us today to discuss your situation and the benefits you are be entitled to receive.

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