What if I Was Partially at Fault for a Work Injury?

If you are partly at fault for your work injury, you may still be able to recover damages from your employer. To do so, you will need to prove that your employer was more than 50% responsible. Otherwise, you cannot get workers’ compensation if you are found to be primarily responsible.

At John Foy & Associates, we can help you show a judge or jury that your employer is responsible for your on-the-job injury. To find out how, please reach out to us. An Atlanta work injury lawyer can take a look at your case and help you decide how to proceed with it. 

Georgia Is a “Comparative Negligence” State

There were 4.26 million work-related and medically consulted injuries reported in the United States in 2021, according to the National Safety Council (NSC). Work injuries happen every day nationwide. Regardless, if an employer does not maintain a safe environment, they can be held partly or fully responsible for any injuries that occur at work. 

In Georgia, the principle of “comparative negligence” applies to work injury lawsuits. Based on this principle, you cannot collect money from your employer if your on-the-job injury is at least 50% your fault. To receive money as part of a lawsuit, you will need to show a judge or jury that your employer was negligent and is primarily or fully responsible for your injury. 

The team at John Foy & Associates has decades of experience with work injury lawsuits in Georgia. If you want to hire a work injury attorney who keeps your best interests top of mind, get in touch with us. With our lawyer at your side, you can present a compelling argument designed to help you secure the most compensation possible. 

There Is a Simple Process for Reporting a Work Injury to Your Employer 

Before you can file a lawsuit relating to your work injury, it can be beneficial to submit a workers’ compensation claim. You can file your request for workers’ comp with Georgia’s State Board of Workers’ Compensation. On top of that, you must notify your worker about your on-the-job injury. 

There is a 30-day window for reporting work injuries to employers in Georgia. If you choose not to report your on-the-job injury during this time, the consequences can be severe. In this scenario, you may not be able to receive workers’ comp benefits. 

When you report your work injury, be thorough. Include details about the date and time that the incident occurred, the symptoms of your injury, and other relevant information. Along with filing a report, it helps to connect with an attorney who can help you with your workers’ comp claim. 

Expect an Investigation After You Report an On-the-Job Injury

Your employer or their insurance company will investigate your on-the-job injury. They will try to figure out why your injury happened and who is responsible for it. There can be times when an employer or their insurance provider may try to show that your misconduct caused you to get injured at work. 

Examples of misconduct that can cause a workers’ comp claim to get denied include:

• Horseplay
• Failure or refusal to wear required safety gear
• Getting injured while attempting to hurt someone else

If your workers’ comp claim is denied, you should review your denial letter carefully. It helps to go over this letter with an attorney. Then, you and your attorney can review your legal options and figure out which one is best to help you get compensation for your work injury. 

It Pays to Hire a Lawyer to Help You with Your Work Injury Claim

If you think that forgoing a work injury claim is a good idea, think again. If you choose not to request workers’ comp benefits in spite of your injury, you are solely responsible for any costs associated with it. This means you may be forced to pay steep medical bills out of your own pocket to treat and recover from your injury. 

In addition, your work injury can force you to take time off from your job. You may not be paid during this period or may need to use sick or vacation time that you have accumulated. In one of the worst-case scenarios, your employer can fire you if you miss too much time due to your injury that you chose not to report. 

By hiring a lawyer, you can get help from a legal professional who works diligently on your behalf. Your lawyer advocates for you and makes sure that your legal rights are protected. They may be able to help you secure a fair workers’ comp case settlement, too. 

Your Employer May Be Inclined to Settle Your Claim without a Trial

If you request compensation relating to an on-the-job injury, your employer may be concerned about the strength of your case. For example, you may have an abundance of evidence that shows the employer was negligent, which led to your work injury. At this point, your employer may be ready to offer you a settlement in the hopes that you will accept their proposal and resolve your case. 

Just because you get a settlement offer in a work injury case does not mean that you should automatically approve it. Instead, you should discuss a settlement proposal with your lawyer. If an offer is well short of the amount of money you may be able to get by going to trial, you can reject the proposal without penalty. 

The best workers’ comp lawyer provides plenty of legal resources to help clients win and settle their cases. Rather than push you to accept a settlement offer that is less than what you want, your attorney encourages you to seek the maximum amount of compensation. If you and your lawyer succeed, you can get a reasonable amount of damages from your employer. 

Do Not Wait Any Longer to File a Work Injury Claim

John Foy & Associates is a leading law firm for those who want to submit workers’ comp claims. A work injury lawyer can offer legal tips and guidance and put you in the best position to secure compensation. For more information or to request a free case evaluation, please contact us today.