Can I receive workers' compensation benefits if the accident was my fault?
With few exceptions, most on-the-job injuries are covered by workers' compensation in Georgia even if an injured worker was at fault. The reason for this is that workers' compensation, in Georgia and in most other states, is the "exclusive remedy" for injured workers.
Because of the "exclusive remedy" rule, injured workers are not required to prove that anyone was or was not at fault for their injury, but, in exchange for this strict liability-type rule, injured workers are not allowed to sue their employers or co-workers for negligence. Still, an injured worker can sue a third party if that party caused his or her injury.
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Because of the "exclusive remedy" rule, injured workers are not required to prove that anyone was or was not at fault for their injury, but, in exchange for this strict liability-type rule, injured workers are not allowed to sue their employers or co-workers for negligence. Still, an injured worker can sue a third party if that party caused his or her injury.
To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.
