Removed guard or safety device workers' comp claimsSafety guards and devices are designed to help prevent on-the-job accidents and injuries. Unfortunately, when businesses prioritize profits over safety, these devices may get removed for the sake of expediency—and workers can suffer serious injuries or even death as a result.

If you were hurt in a workplace accident caused by a missing safety guard, you may be entitled to compensation.

However, the route you take to seek damages varies depending on the circumstances of the accident. For example:

  • If the safety guard was removed by your employer or a co-worker, and you were injured as a result, you may qualify for workers' compensation and should file a claim with your employer. Workers' compensation is a no-fault system that provides medical treatment and wage replacement benefits to qualifying workers who were hurt on the job. In Georgia, workers' compensation is the sole legal remedy for workplace injuries caused by an employer or co-worker.
  • If an independent contractor or a worker from another company removed the safety feature, leading to your accident and injury, in addition to a workers' compensation claim with your employer, you may also have grounds for a third-party personal injury lawsuit against the negligent party. Personal injury lawsuits allow you to pursue compensation for your medical expenses and lost wages, as well as for non-economic damages, such as pain and suffering, mental anguish, scarring or disfigurement, and other subjective losses.

Hurt in a Georgia Workplace Accident?

If you were hurt on the job, it's important to consult an attorney as soon as possible. The skilled attorneys with Rechtman & Spevak have extensive experience handling both workers' compensation and personal injury claims. We'll review the details of your case, help you understand your legal rights and options, and fight for whatever compensation you deserve. Contact us today to schedule an appointment for a free initial consultation.

 

Jaret A. Spevak
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Atlanta Personal Injury & Workers’ Compensation Attorney With 20+ Years Experience