Thursday, August 4, 2011

I was injured at work because of my co-worker's negligence. Can I sue my co-worker or my employer?

In most all situations, the answer to this question is no. Georgia law provides that employers, the employer's alter egos, and an injured worker's coworkers are all immune from tort liability in the event of a workplace injury. This is known as the "Exclusive Remedy" provision of Georgia workers' compensation law. That is, when a worker is injured on the job, his "exclusive remedy" is to pursue a workers' compensation claim. 

It should be noted that nothing in the law precludes an injured worker from pursuing a tort claim against a third party who caused the injury. A common example of this is when a company driver is involved in a car accident that was the fault of the third party. In such a case, the injured worker can receive workers' comp benefits and pursue a personal injury claim against the at-fault driver (so long as this person is not a coworker or otherwise affiliated with the employer).