What are the differences between a third-party claim and a workers' compensation claim?

In Georgia, a third-party claim and a workers’ compensation claim are two different types of claims related to an industrial accident. A third-party claim may be pursued when someone other than the employer is liable for an employee’s injury. This type of claim holds a person or entity outside of the employment relationship responsible for the accident and resulting damages. For example, if an employee is injured when a piece of equipment malfunctioned because it was faulty, the employee could seek damages from the manufacturer instead of, or in addition to, their employer. This compensation may be more than what the employee could get through workers’ compensation. A workers’ compensation claim is when an employee pursues a claim with their employer. This is a no-fault system, meaning the employee does not have to prove fault in order to receive workers’ compensation benefits. This type of claim covers medical expenses, lost wages, disability, and death benefits due to an industrial accident. In Georgia, an employee may pursue a third-party claim in addition to filing for workers’ compensation benefits. It is important to note that having a third-party claim does not bar the employee from workers’ compensation benefits, however they may not be entitled to both types of benefits. The employee should contact an experienced industrial accident attorney to understand their rights and options.

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What are the differences between a third-party claim and a workers' compensation claim?

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