Legal Question in Personal Injury in Georgia

When you accept workers' compensation, you give up the right to sue your employer. However, you typically do not give up your right to sue a third party whose negligence also contributed to the accident (in this case, the tire company). The WC provider will likely have a lien on any amount you recover, up to the WC pay-out.

If the accident happened in Georgia, you would likely sue in Georgia State Court. In some instances, depending on the amount in controversy and/or the location of the parties, the matter may be brought to federal court.

You may also consider claiming disability if you are unable to return to work full time.

I strongly recommend that you hire a personal injury attorney with workers' comp experience to guide you through the maze of WC laws.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Hi. Our office handles such personal injury matters.

While worker's compensation generally prohibits you from suing your employer, if you can show a defect in the tire or vehicle, or some other claim against a third party, you may have rights to pursue those in court. Any case must be filed within 2 years of the accident.

I'd need more details to advise you further. Feel free to contact me.

You have a right to file suit against the manufacturer of the tire if the tire failed due to manufacturing or design defects (such as a tread seperation due to poor design, etc). The tire will need to be examined by an expert. YOU MUST PRESERVE THE TIRE TO HAVE ANY CHANCE TO PURSUE A CLAIM. We have handled product liability tire defect cases for many years, and settled a wrongful death tire defect case earlier this year.. See our website at www.johnsonward.com for more information on our firm. Call for a free consultation if you have questions.

Workers Compensation laws only prevent you from suing the employer. When a third party is responsible that third party can be sued very often for an amount greatly in excess of the Workers Comp benefits. While the employer or its Workers Comp insurer has a right of reimbursement from your recovery against the third party for money paid on the Comp claim under Georgia law that is not a certainty. The employee often gets a large cash award or settlement from the third party without having to pay the employer/ Comp insurer the full repayment or even anything. This is a complicated matter requiring an attorney who is skilled in such cases. Please go to my websites RonLowry.com and RonaldArthurLowry.com for more information. I would be happy to talk to you free of charge about this matter.