Individuals injured at work or in the course of their job duties have an exclusive remedy to sue in workers compensation for their injury claims. This means that they must go through the specialized Georgia worker's compensation statute to seek compensation for their injuries. The amount of compensation for injuries is determined by statute, ordinarily two-thirds of the average weekly salary, and is capped for a certain period of time. For instance, if an on the job injury occurred after July 1, 1992, an injured worker is entitled to benefits for up to 400 weeks. Worker's compensation claims that do not settle are disposed on in specialized administrative courts.
In case of a person injury or injury that results from the negligence of another private individual or business establishment, an injured person is entitled to a broader range of rights and remedies. First, there is not a formulated statute that pre-determines the value of one's injury in a personal injury claim as in workers compensation. For instance, a person injured in a car accident generally can seek compensation for their injuries up to the maximum policy limits offered by the insurance carrier of the at fault motorist. In those car accident cases that go to trial, a jury is free to affix any amount of damages that it sees fit for a victim's injuries. Additionally, personal injury victims can specifically seek a separate measure of damages called lost wages for any time missed from work due to
injuries resulting from someone else's negligence. Worker's compensation essentially presumes a lost wages measurement in its award.
Also in personal injury, litigants may have multiple venue options when choosing to file suit, including the choice on whether or not to sue in a Superior or State Court. It is important to understand that the difference between worker's compensation claims and personal injury claims are not about jurisdictional differences. They are substantively and principally different.
At Lawson Law Firm, we take care of the injured rights of victims: apartment or convenient store shooting victims, car accident victims, trucking accident victims, and any victim of negligent security on a business establishment. Our car accident lawyers in Lawrencevile, Georgia routinely push cases to litigation as a way to seek the most value for our clients. It is what we believe is our obligation to fight for our clients.
Call us today if we can help you with your personal injury claim.