Georgia and Atlanta Area Serious Injury Cases: Frequently Asked Question Number 9

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?
Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If an employee is injured while working for an employer and their injury comes about as a result of the acts of a third party, the injured individual may obtain both workers’ compensation benefits and liability insurance coverage to the extent the at fault defendant has such coverage. If a settlement is eventually obtained from the liability insurance carrier for the at fault defendant, the issue arises as to whether a portion of the settlement has to be repaid to the workers’ compensation insurance carrier for the employer. The general law in Georgia is that there is no right of subrogation unless the injured individual is first “made whole” for all of his/her damages which includes complete compensation for pain and suffering, past, present and future, complete compensation for medical expenses past, present and future, and complete compensation for lost wages, past, present and future. Unless an injured employee is “made whole” for all such damages, even if they have received workers’ compensation benefits and a liability settlement arising out of a hypothetical automobile accident, the injured individual will not be required to repay his or her employer’s insurance carrier for workers’ compensation benefits received. In the context of a case where an injured individual is not made whole, there is no right of subrogation. Accordingly, in many cases, the employee injured on the job with a valid claim against a third party may receive both workers’ compensation benefits and liability protection from the third party.