When Can I Sue an Employer for Gross Negligence in Georgia?
There are some limited circumstances in which you may be able to sue an employer after a work-related injury. The personal injury attorneys in Georgia at Hall & Lampros, LLP have helped numerous clients recover significant financial compensation for accidents at work.
You may be able to sue your employer when they committed gross negligence. There is an element of extreme conduct at work here, which you would need to prove before you could file a lawsuit. If you are successfully able to sue your employer, you could receive more money than you would get in a workers’ compensation claim.
Reach out to the experienced Georgia personal injury lawyers at Hall & Lampros today to get a tough and hard-hitting lawyer on your side. We can evaluate your case and your legal options during a free initial consultation.
The Law Makes it Hard to Sue Your Employer
In general, it is extremely difficult to sue your employer in a personal injury lawsuit. Your employer has purchased workers’ compensation insurance. They have spent their own money to purchase this coverage. The reward for your employer is that they are immune from personal injury lawsuits filed by employees under nearly every circumstance. However, Georgia law allows you to file a lawsuit when your employer was grossly negligent. Still, gross negligence is a very high bar that you would need to meet.
There is a reason why you would want to sue your employer instead of filing a workers’ compensation claim; your compensation is higher when you win a personal injury lawsuit. You are paid for your full lost wages and for your non-economic damages. While you can always file a workers’ compensation claim, your personal injury attorney would at least explore whether you have the grounds to file a personal injury lawsuit.
The Relationship Between Negligence and Gross Negligence
Generally, negligence is defined as doing something that would be considered unreasonable under the circumstances. Negligence alone is not enough to sue your employer because they are protected. However, there is a point where your employer has been more than just negligent. There is carelessness, which often happens in the workplace, and there is gross negligence, which is far rarer.
You should not think of gross negligence as simply “negligence plus.” There is more of an extreme element to gross negligence that indicates your employer did something really wrong. Even if they did not necessarily act intentionally, they would have exhibited a reckless indifference to your safety. One case defined gross negligence as “the want of slight care and diligence.” In other words, even careless people exercise some type of care, even if they have fallen short of their duty of care. To be grossly negligent, the employer’s actions lack any kind of diligence “which even careless men are accustomed to exercise.”
Gross Negligence Depends on the Facts and Circumstances
It is hard to give concrete examples of what may be gross negligence that would allow you to sue your employer. The jury would need to review the facts of your situation and determine whether your employer was grossly negligent. Like negligence, everything depends on the facts and circumstances of your situation. There is usually some extreme element to your case, where your employer may have done something that would involve a high likelihood of injury to you.
Your employer would always try to get your lawsuit dismissed before you even get your full day in court, while your personal injury lawyer in Georgia would fight back on your behalf. You would need to present evidence of your own that could show what your employer did. Much of this evidence would be obtained directly from them during the discovery process. The following could be used to prove that your employer was negligent:
- Testimony from your co-workers about what happened (although some may be hesitant to come forward for fear of losing their jobs)
- Inspection and maintenance logs for when your employer performed work on the plant or equipment
- Employee records, when another employee may have been involved in your injury
- Testimony from an accident reconstruction expert
- Pictures from the scene of your accident
- Video footage from the workplace (employers often have cameras recording in many parts of the workplace.
Contact an Atlanta Personal Injury Lawyer to Discuss Your Case
If you have been injured on the job, contact the Atlanta personal injury attorneys at Hall & Lampros to learn more about your legal rights. You may be able to file a workers’ compensation claim or a personal injury lawsuit and we can help. Do not make any assumptions about what you may be able to receive until you speak with a personal injury lawyer in Georgia. You can schedule a conversation with one of our personal injury attorneys in Atlanta during a free initial consultation by calling us today at 404-876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.