One of the most difficult questions we receive from clients at Poirier Law Firm involves an employee’s right to sue their employer after a work-related injury. Many injured workers wonder if they are eligible to sue their employer after suffering from an accident on the job, especially if it was a result of their employer’s negligence. Although it may seem like it should be your right as an employee to sue your employer if their wrongdoing resulted in your injury, unfortunately, that is not the case in Georgia the majority of the time.

In Georgia, you are normally not entitled to a full jury trial against your employer meaning it is difficult to receive pain and suffering. Pain and suffering are often awarded during a personal injury trial, for example, a car accident. This means that although you are entitled to Workers’ Compensation benefits as an injured employee, you do not have the ability to sue your employer for pain and suffering as a result of your accident.

Georgia is a no-fault state meaning it does not matter whose fault the accident was. The element of negligence is removed from the equation so that employees are protected regardless of if it was their fault or not. There are many benefits to a no-fault system, however, there may also be some downsides depending on the situation and circumstances. 

• The pro of a no-fault system is that you can rest assured that even if you were injured on the job as a result of your negligence or mistake, you will still be covered under Workers’ Compensation. There is no need for you to prove that someone else’s actions resulted in your injury because it does not matter whose fault the injury was. 
• The con of a no-fault system is that you lose the right to sue your employer for pain and suffering as a result of your injury. This is considered the “grand bargain” of a no-fault system and although may seem unfair at times, it results in broader coverage for more injured employees and less wasted time in a courtroom arguing over who is to blame.

If you have been injured on the job, it is likely that you will not be able to sue your employer, however, that doesn’t mean that you are not entitled to other rights and protections as an injured worker. Contact Poirier Law Firm today to learn more about the no-fault system in Georgia and how you can ensure that you are made whole after a workplace accident.