One accident can result in a number of claims and potential benefits. For example, as as one news source explains, if a person gets into a car accident at work, not only may there be a Georgia workers’ compensation claim, but also the incident may give rise to a negligence claim, a disability claim, an FMLA claim, and a medical malpractice claim, among others.
In a personal injury claim, a plaintiff has to show four elements: duty, breach, causation, and damages. This means proving that the defendant owed a duty to the plaintiff, failed to meet the duty to act reasonably under the circumstances, and caused the plaintiff damages.
In contrast, in a workers’ compensation claim, a claimant does not need to show that the employer owed the claimant a duty, nor that it breached that duty by failing to act reasonably. In other words, it does not matter who is to blame for the injury. Instead, the claimant must only show that the injury occurred while in the course of employment and that it was related to the employment. The issue then becomes the extent of the claimant’s disability.