lmccullough@hawklawgroup.com | July 10, 2025 | Workers Compensation
When you’re injured at work in Georgia, knowing your legal options can mean the difference between receiving basic coverage and securing the full compensation you deserve. Two primary legal avenues exist: workers’ compensation and personal injury claims.
Each serves different purposes and offers distinct benefits, but many injured workers don’t realize they might be entitled to pursue both types of compensation claims.
At Hawk Law Group, we’ve handled hundreds of workplace injuries across the Central Savannah River Area (CSRA). Our experience shows that workers who understand both options recover significantly more compensation than those who only pursue one avenue.
Let’s explore the critical difference between workers’ compensation and personal injury claims and how they can work together to maximize your recovery.
If someone else’s negligence caused your workplace injury, speak with our Augusta personal injury lawyer to explore your options for additional compensation beyond workers’ comp.
Overview of Workplace Injury Claims in Georgia
Georgia’s legal system provides two distinct pathways for workplace injury compensation.
Workers’ compensation operates as a no-fault insurance system, meaning you’re covered regardless of who caused your injury. Personal injury claims, however, require proving that someone else’s negligence caused your work-related injuries.
The Georgia State Board of Workers’ Compensation oversees workers’ compensation claims, while a personal injury case falls under Georgia’s civil court system. Knowing which type of claim—or whether both paths—apply to your situation is essential for maximizing your recovery.
📌 Knowing whether your case qualifies under workers’ comp, personal injury, or both is the first essential step toward securing maximum compensation.
If you were hurt on the job, contact our experienced attorney today to evaluate your options. We’ll review your personal injury case at no cost and determine which legal avenues are available to you.
To better understand how liability is assessed in premises-related incidents, you can review an honest evaluation of a slip and fall case in Augusta, GA, which outlines the key factors that influence the outcome of such claims.
Workers’ Compensation in Georgia: A No-Fault System
Georgia’s workers’ compensation system provides immediate benefits without requiring proof of fault. This no-fault approach means an injured worker can receive compensation even if they contributed to the accident.
However, this convenience comes with limitations on recovering compensation for certain types of damages.
What Is Covered Under Workers’ Comp?
Workers’ compensation in Georgia covers specific categories of expenses and losses:
Medical Benefits
All reasonable and necessary medical treatment related to your work injury, including:
- Doctor visits and specialist consultations
- Hospital stays and surgical procedures
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment and prosthetics
Lost Wages (Temporary Total Disability – TTD)
If you cannot work due to your injury, you’ll receive two-thirds of your average weekly compensation, subject to state maximums. For 2024, the maximum weekly benefit is $675.
Disability Benefits
Long-term or permanent disabilities receive compensation based on the severity and type of impairment. Georgia categorizes disabilities as:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
Travel Reimbursements
You’re entitled to reimbursement for travel expenses to medical appointments, typically at the current IRS mileage rate.
Additional reading: How No Win, No Fee Works in Personal Injury Cases
What’s Not Covered: Pain & Suffering
Here’s where workers’ compensation falls short: pain and suffering damages are not available under Georgia’s workers’ compensation laws. This means you cannot receive compensation for pain and suffering through a workers’ comp claim, including:
- Physical pain and discomfort
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium (impact on relationships)
This limitation represents a significant gap in the range of compensation available, especially for severe injuries that dramatically impact your quality of life.
Who Pays for Medical Care?
Under Georgia’s workers’ compensation system, your employer’s insurance company controls your medical treatment. This means:
- You must be treated by approved doctors
- Treatment plans require insurer approval
- You have limited choices in medical providers
- The insurer can terminate treatment benefits
When filing a workers’ compensation claim in Georgia, you’ll work with the employer’s designated medical provider panel, which may limit your access to specialists or preferred doctors.
Personal Injury Claims After a Work Injury
💼 These claims involve more effort but offer broader legal remedies, including full wage recovery and pain and suffering compensation not available under workers’ comp.
Unlike workers’ compensation, personal injury claims require proving fault but offer significantly broader compensation opportunities. These claims can provide maximum compensation for all losses, including pain and suffering not covered by workers’ comp.
Fault-Based vs. No-Fault
The fundamental difference lies in the fault requirement:
- Workers’ Compensation (No-Fault): You receive benefits regardless of who caused the accident. Even if you were partially at fault, you’re still entitled to workers’ compensation benefits.
- Personal Injury (Fault-Based): You must prove that another party’s negligence led to the injury. This higher burden of proof leads to more comprehensive compensation when successful.
When Can You Sue for a Work Injury in Georgia?
Most work-related injuries fall exclusively under workers’ compensation. However, specific circumstances allow you to file a personal injury lawsuit for a workplace accident:
Third-Party Negligence
When someone other than your employer or coworkers caused your injury:
- Defective equipment manufacturers
- Negligent drivers in work-related accidents
- Subcontractors or vendors on job sites
- Property owners where you work
Employer Gross Negligence
In rare cases, you can pursue a separate personal injury lawsuit against your employer if they:
- Intentionally removed safety guards from equipment
- Knowingly exposed workers to toxic substances
- Deliberately ignored obvious safety hazards
Hypothetical Example: A delivery driver was injured when a drunk driver ran a red light and struck her delivery truck. She received workers’ compensation benefits for her injuries and also filed a personal injury claim against the drunk driver for additional compensation for damages, including pain and suffering, and full wage replacement.
In cases involving cross-state employment or injuries near the Georgia–South Carolina border, workers will benefit from reviewing legal options with our Aiken workplace accidents lawyer, especially when incidents occur on job sites spanning both jurisdictions.
What Damages Are Available in a Personal Injury Claim?
A personal injury case offers comprehensive types of compensation, including:
- Full Lost Wages: Unlike workers’ comp’s two-thirds limitation, you can recover 100% of lost earnings
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life
- Future Medical Care: Full coverage for ongoing treatment needs
- Loss of Earning Capacity: If your injury was caused by negligence and affects your ability to earn future income
- Punitive Damages: In cases of gross negligence or intentional wrongdoing
Injured at work in Augusta? Let our experienced Augusta workers’ compensation lawyer review your case and help you secure the benefits you’re entitled to.
Can You File Both a Workers’ Comp and Personal Injury Claim in Georgia?
Yes, you can pursue both compensation and personal injury claims simultaneously when third-party negligence is involved. This dual approach maximizes your total recovery.
Here’s how it works:
- File a workers’ compensation claim for immediate medical coverage and partial wage replacement
- File a personal injury claim against the negligent third party for full damages
- Coordinate benefits to avoid double recovery while maximizing total compensation
The workers’ compensation insurance carrier may have a subrogation right, meaning they can recover some benefits from your personal injury settlement. However, you typically keep any amount exceeding the workers’ comp benefits.
| Recovery Coordination Example |
|---|
| Workers’ Comp Benefits: $45,000 |
| Personal Injury Settlement: $200,000 |
| Subrogation Repayment: $45,000 |
| Net Recovery to You: $155,000 additional |
Key Differences Between Personal Injury and Workers’ Comp in Georgia
✔️ Evaluating your injury through both lenses, no-fault benefits and fault-based damages, ensures you’re not leaving money on the table.
Knowing these distinctions helps you make informed decisions about your compensation claim:
| Factor | Workers’ Comp | Personal Injury |
|---|---|---|
| Fault Required | ❌ No | ✅ Yes |
| Pain & Suffering | ❌ Not covered | ✅ Covered |
| Medical Choice | ❌ Limited to panel | ✅ Your choice of doctors |
| Lost Wages | ⚠️ 2/3 of wages, capped | ✅ Full wages possible |
| Third-Party Liability | ❌ Not allowed | ✅ May apply |
| Time to File | 30 days’ notice, 1 year claim | 2 years from injury |
| Jury Trial | ❌ Administrative hearing | ✅ Jury trial available |
| Attorney Fees | Regulated by the state | Contingency arrangement |
How Our Augusta Georgia Injury Lawyers Can Help
At Hawk Law Group,we evaluate both workers’ compensation and personal injury claims for every workplace injury. Our dual expertise as both a workers’ compensation lawyer and personal injury attorney allows us to:
- Get the maximum compensation by pursuing all available legal avenues
- Manage complex coordination between different types of claims
- Protect your rights when dealing with multiple insurance companies
- Ensure proper medical treatment through strategic case management
Our attorneys have extensive experience handling workplace injuries throughout the CSRA and understand how to maximize recovery through strategic case management.
With offices throughout the CSRA, we’re here to help you go through this challenging time and secure the maximum compensation for your injuries. Our premier personal injury law firm is dedicated to helping injured workers understand their rights and pursue all available compensation options.
Call 706-914-2591 or contact us online to schedule your free consultation. We’ll evaluate your personal injury case, explain your options, and develop a strategy to maximize your compensation.
FAQs About Workers’ Comp vs Personal Injury in Georgia
Can I sue my employer if I’m receiving workers’ compensation in Georgia?
Generally, no. Georgia’s workers’ compensation system provides an exclusive remedy against employers, meaning you cannot sue your employer for workplace injuries. However, rare exceptions exist for gross negligence or intentional acts. Most successful workplace injury lawsuits target third parties, not employers.
What’s the difference between workers’ comp and a personal injury claim?
Workers’ compensation provides limited benefits without requiring fault, while personal injury claims require proving negligence but offer comprehensive damages. Workers’ comp covers medical bills and partial wages; personal injury law allows for pain and suffering, full wages, and future losses.
Do I get pain and suffering from workers’ comp in Georgia?
No. Georgia’s workers’ compensation law does not include pain and suffering damages. You can only recover compensation for pain and suffering through a personal injury claim against a negligent third party.
Can I file a personal injury lawsuit for a workplace accident?
Yes, but only in specific circumstances. You can file a personal injury lawsuit when:
- A third party (not your employer or coworker) caused your injury
- Your employer acted with gross negligence
- Defective products caused your injury
Who can be sued in a third-party work injury claim?
Common third-party defendants include:
- Equipment manufacturers for defective products
- Drivers who cause work-related vehicle accidents
- Property owners where you work
- Subcontractors and vendors
- Maintenance companies