Most workers in Georgia are covered by workers’ compensation insurance. Workers’ comp pays benefits to injured workers. Generally, workers’ compensation does not permit workers to sue their employer for a workplace accident. Our Atlanta and Savannah workers’ compensation attorneys discuss an exception to the general rule in this blog.
Recognizing the Distinction Between Ordinary Negligence and Gross Negligence
Ordinary negligence is failing to use a reasonable level of care given the circumstances. The level of care is based on what a reasonable person with ordinary prudence would do in a similar situation.
Gross negligence is a step above ordinary negligence. When a party is grossly negligent, they display a reckless disregard for the safety of other people. The disregard for others is a conscious violation of their rights. Gross negligence is often defined as reckless, wanton, and willful conduct. Therefore, it is considered more harmful than ordinary negligence.
Legal Elements in Proving Gross Negligence After a Workplace Accident: An Overview
Proving gross negligence begins with proving the elements of a negligence claim. You must prove that a party:
- Owed a legal duty of care to the worker
- Failed to meet their duty of care
- The breach of duty caused the worker’s injuries
- The worker sustained injuries because of a foreseeable consequence of the party’s breach of duty
However, you must prove two more elements if you are alleging gross negligence. You must prove that the party was aware of the potential consequences of their actions. You must also prove that the party intentionally committed the action without regard to the worker’s safety.
Essential Evidence for Making a Case of Gross Negligence
The employee has the burden of proving the employer acted with gross negligence. Evidence in a gross negligence claim could include, but is not limited to:
- Statements from eyewitnesses
- Videos of the accident or incident as it occurred
- Statements by the employer
- Documentary evidence
- Medical records
- Opinions from expert witnesses
The employee must prove how the injury occurred. The evidence must prove that the employer acted with gross negligence or specific intent to harm the employee.
Can’t I Just Sue My Employer for a Negligence Claim?
Workers are not permitted to sue their employers in Georgia if they are covered by workers’ compensation. However, an exception exists for intentional torts. Gross negligence could fall under intentional torts because the employer understood the potential risk of injury to the employee but continued with the conduct despite the fact the employee may be injured. If the employee only proves ordinary negligence, it is not sufficient to sue the employer for damages.
The Impact of Gross Negligence Claims on Workers’ Compensation Benefits
In Georgia, if a worker gets hurt on the job, they usually can’t sue their employer and must rely on workers’ compensation benefits to cover medical expenses and lost wages. However, if the employer’s actions are found to be extremely careless or reckless—known as gross negligence—the injured worker might be able to pursue additional claims outside the workers’ compensation system. This means they could potentially receive more money in compensation, including punitive damages meant to punish the employer and prevent such behavior in the future.
Essentially, proving gross negligence can lead to bigger settlements for the injured worker beyond the usual workers’ compensation benefits.
The Importance of Consulting With Atlanta & Savannah Workers’ Compensation Attorneys
The best way to know if you can sue your employer for gross negligence after a workplace accident is to meet with the Atlanta and Savannah workers’ compensation attorney at Parsons Law Group. Call our office to schedule a consultation with our attorney to discuss the specific details of your case.