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Exclusive Remedy

What is the Exclusive Remedy Doctrine?

Workers’ Compensation FAQ Question #3

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If you are injured at work due to the negligence of your employer or a co-worker the question may arise “can I sue the at-fault party for their negligence?” Unfortunately, the answer is no. This is because under Georgia law, when it comes to workplace injuries, filing a workers’ compensation claim is an injured worker’s exclusive remedy.

The so-called “Exclusive Remedy Doctrine” is both good news and bad news for workers injured in Georgia. The good news is, if you are injured in the course and scope of your employment, you are entitled to file a workers’ compensation claim – regardless of who is at fault. Consequently, in most circumstances, you are permitted to file a workers’ compensation claim even if the accident was your fault. This is true unless you were intoxicated, engaged in horseplay, or were engaged in some type of willful misconduct at the time of the accident.

The flip side of the Exclusive Remedy Doctrine is that since the employer or insurer must accept any claim that occurs in the course and scope of employment (with the exception of the specific instances detailed above) an Injured Worker cannot bring a separate cause of action for negligence against their employer or a co-worker.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates at 678-504-8564. We offer free case evaluations and collect no fees unless you win!

Meet the author, and your next workers’ compensation lawyer, Ryan A. Meighan.

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