What is the difference between a workers' compensation claim and a third-party liability claim?
In Georgia, a worker’s compensation claim is a claim against an employer for an injury or death sustained on the job. This type of claim is governed by the Georgia State Board of Workers’ Compensation and it is against the employer’s insurance policy. A worker’s compensation claim is the only remedy available to an injured worker when their employer has an insurance policy covering the injury or death. A third-party liability claim is a claim against someone other than the employer. This may be a claim against a manufacturer, supplier, contractor, or another party who contributed to the worker’s injuries or death. This type of claim is not covered by the employer’s insurance policy or the Georgia State Board of Workers’ Compensation. The main difference between a worker’s compensation claim and a third-party liability claim is who is responsible for providing the compensation. The Georgia State Board of Workers’ Compensation is responsible for a worker’s compensation claim, while a third-party liability claim is against a different party and should be made directly to that party.
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