Work compensation is a legal right to pursue after an injury at work. Under the OCGA SS51-1-6, a work injury lawsuit can be filed by a person who has sustained a road accident or personal injury while at work. Nevertheless, you should know that you cannot sue an employer unless you can prove that the person was intentionally negligent. Moreover, your employer cannot deny the fact that they caused your injury. In addition, there is a statute of limitations for personal injury lawsuits.
OCGA SS51-1-6 allows for work compensation for road accident and personal injury
When a road accident or other personal injury happens while you’re working, you can sue for compensation against a third party. Third parties are individuals or companies who were negligent in some way. For example, a forklift manufacturer may be held liable for your injuries. Another possibility is a passing driver. In these cases, you can sue a third party without the help of a lawyer.
While most workers’ compensation policies cover accidents that result from a car accident, there are a few exceptions. In some cases, you can also make a claim against a subcontractor or contractor, a negligent driver, or another person. Depending on your situation, you may be able to get compensation in full or partially. However, it is important to hire a personal injury attorney who specializes in car accidents.
In some instances, you can also sue the company that injured you. Depending on the circumstances, your compensation claim may be much larger than what you’re eligible to receive from your employer. If your employer’s insurance policy doesn’t cover your medical expenses, you can file a lawsuit against them. Your lawyer will be able to help you navigate the complexities of this process.
Intentional harm is not enough to bring a lawsuit against your employer
To bring a lawsuit against your employer for work-related injuries, you must prove that the employer’s actions were intentional. Obviously, this isn’t always easy to prove. However, if your employer purposefully removed a safety guard from a piece of equipment, that can be a strong case.
Intentional harm must be done on purpose against you, which means that the employer must have known that he would cause harm. While negligence may result in injury or damage, willful and malicious conduct can result in injury or death.
Although it is possible to bring a lawsuit against an employer, it is rare. To bring a lawsuit against your employer for work compensation road accident and personal injury, you must have proof that your employer purposely caused the injuries. Intentional harm does not mean negligence, and the standard for intentional harm varies by state.
Moreover, if your employer is a self-insured company, you will have to prove that you were injured as a result of your employer’s negligence. In these cases, a self-insured employer is not immune from liability and you can sue them for full compensation for your injuries.
Liens from those that have made payments arising from the injury
A lien is a claim against money held by a third party after a judgment or settlement has been made. This money is usually held to pay for medical expenses. Hospitals, health insurance plans, and auto insurance companies can assert these liens. Medicare and Medicaid may also assert liens against money held by third parties.
Medicare and Medicaid are federal agencies that have the legal authority to pursue people who fail to pay their bills. When Medicare or Medicaid files a lien against a settlement, it can get paid before any other lienholder. However, many insurance carriers require a lien waiver before they will pay anything.
When an auto insurance company has a lien against a third party settlement, it will not pay the entire amount of the third party settlement if the workers’ compensation insurer has made payments arising from the accident. The workers’ compensation insurer, on the other hand, paid the medical bills and wants to be reimbursed for them. While the injured employee will still receive money from the settlement, the amount paid for medical care is reduced.
Statute of limitations for personal injury lawsuits
Statute of limitations is a time limit that must be adhered to if you want to pursue a lawsuit. The statute of limitations usually begins to run once you discover that you have suffered a personal injury. However, there are some exceptions to this rule.
Generally, you have three years to file a personal injury lawsuit after the date of the accident. However, in certain cases, the time period can be extended. For example, if you were injured by the negligence of a municipality, the statute of limitations may be longer. In either case, it is important to file a claim within this period, because if you file a lawsuit after the statute of limitations has expired, the opposing party may be able to dismiss your case.
Every state has a statute of limitations that affects your ability to file a lawsuit. If you do not file a lawsuit within this time frame, you will lose your right to pursue the case. For personal injury lawsuits, the statute of limitations starts running on the date of the accident, and for property damage, it starts running the day of the accident.
