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Workman's Comp and Personal Injury

Lawyer

Stacy Williams

Synopsis

Workers’ Compensation Defined Under Georgia Law

Workers’ compensation provides benefits to employees injured on the job, regardless of fault.

  • Covers medical expenses, rehabilitation, and a portion of lost wages.

  • Generally bars employees from suing their employer directly.

  • Administered under the Georgia Workers’ Compensation Act (O.C.G.A. § 34-9).

Personal Injury Defined

Personal injury claims arise when someone is injured due to another party’s negligence, recklessness, or intentional act.

  • Common cases include car accidents, slip and falls, and medical malpractice.

  • Plaintiffs can seek compensation for medical bills, lost income, pain and suffering, and emotional distress.

  • Governed by Georgia tort law, which requires proving fault and damages.

Key Distinction Between the Two

  • Workers’ Comp is a no-fault system with limited benefits; employees cannot typically pursue pain and suffering damages.

  • Personal Injury requires proving negligence but allows for broader recovery, including non-economic damages.

  • The relationship between the injured party and the at-fault party is critical — employee vs. employer (workers’ comp) versus injured individual vs. third party (personal injury).

How Claims Are Decided

  • Workers’ comp cases hinge on whether the injury occurred “in the course and scope of employment.”

  • Personal injury cases turn on evidence of negligence: duty, breach, causation, and damages.

  • Insurance adjusters, administrative judges, or civil juries often decide outcomes based on medical records, accident reports, and testimony.

Common Defenses Clients Should Know

  • Workers’ Comp: Employer may argue the injury did not happen at work, or was caused by intoxication or misconduct.

  • Personal Injury: Defendant may claim comparative negligence, alleging the plaintiff was partly at fault.

  • Statute of Limitations: Deadlines differ — workers’ comp requires prompt reporting, while personal injury claims generally must be filed within 2 years in Georgia.

Why This Distinction Matters

  • Workers’ comp provides faster but more limited relief.

  • Personal injury cases can yield higher compensation but require litigation and proof of negligence.

  • Understanding the differences helps injured workers and accident victims pursue the right path — and the right legal strategy can mean the difference between partial coverage and full compensation.

Applicable Case Law

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against powerful insurance companies. If a fair settlement cannot be reached, we are fully prepared to take your case to court, having successfully tried numerous personal injury cases before judges and juries across the state.

Studies show that accident victims who hire an attorney receive approximately 3.5 times more compensation than those who don’t. Don’t face this challenging time alone—call 770-627-3221 to schedule a free, no-obligation consultation, or send us a confidential email through our online form. For your convenience, our team is fluent in Spanish, French, and Portuguese. Let us fight for the justice and compensation you deserve.

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