Can you have a worker's compensation and liability claim against your employer?

When a worker is injured or killed while in the course and scope of his employment, workers’ compensation benefits under The Workers’ Compensation Act is generally the exclusive remedy.  O.C.G.A. § 34-9-11 is the exclusive no-fault remedy provision given to an employee or their dependents for work-related injuries and deaths. It was enacted to alleviate the suffering of injured workers and their families by providing immediate and certain financial assistance, regardless of the fault, as long as the injury arose out of and in the course of employment. 

The exclusive remedy provision also benefits employers by immunizing them from tort claims arising out of injuries suffered by a worker during the course of their employment. This immunity protects employers from excessive damage awards and relieves them of liability for traditional tort claims. The exclusive remedy provision was designed to exclude traditional tort concepts such as negligence and causation, pain and suffering, and loss of consortium, as long as the injury arose out of and in the course of employment. 

However, there are a limited number of injured workers or their dependents that are successful with bringing a tort action that is not barred by the exclusive remedy provision. But, you must be aware that it is difficult and not common, but not impossible. 

The Campbell Law Practice, LLC specializes in workers’ compensation for the injured workers.  If you suffer an injury while at work, contact The Campbell Law Practice, LLC immediately for a free consultation.  The Campbell Law Practice, LLC is located in Atlanta, Georgia, but accepts cases throughout the state of Georgia.