Who is liable in a construction accident?

Construction sites are inherently dangerous, and accidents can happen despite safety measures. In Georgia, determining liability in a construction accident primarily involves workers’ compensation laws, which the state designed to protect employees injured on the job.

Workers’ compensation coverage

In Georgia, most employers must carry workers’ compensation insurance. If you are injured in a construction accident while performing your job duties, you are generally entitled to workers’ compensation benefits. These benefits cover medical expenses, rehabilitation costs, and a portion of your lost wages, regardless of who was at fault for the accident.

Employer liability

Under workers’ compensation laws, you typically cannot sue your employer for a work-related injury. Instead, your employer’s workers’ compensation insurance provides the necessary benefits. This system is designed to ensure that injured workers receive prompt medical care and compensation without the need for lengthy litigation.

Third-party liability

While you cannot sue your employer, there are instances where a third party may be liable for your injuries. For example, if a subcontractor, equipment manufacturer, or another party’s negligence contributed to the accident, you may have grounds for a third-party claim. This type of claim is separate from workers’ compensation and can provide additional compensation for pain and suffering, which workers’ comp does not cover.

Navigating the claims process

Filing a workers’ compensation claim can be complex, especially when dealing with serious injuries. It’s important to report your injury to your employer immediately and seek medical attention. Understanding your rights and the benefits available under Georgia’s workers’ compensation laws can help you secure the compensation you need to recover.

Dealing with the aftermath of a construction accident can be overwhelming. Knowing who is liable and how to navigate the workers’ compensation system can help reduce stress and ensure you receive the support you need during your recovery.