Search Site
Menu
FREE Case Evaluation 877-884-8579
The Workers’ Compensation Exclusive Remedy Doctrine

Like any law related topic, there are a number of factors that can alter the filing of a lawsuit and its outcome. This is no different for a workers’ compensation claim.  In fact, many injured employees believe that workers’ comp cases are cut and dry – the employer should pay if an employee has been injured or killed on the job.  Unfortunately, this isn’t the case every single time. Under Georgia law, the Georgia Exclusive Remedy Doctrine can complicate, or even prohibit, workers’ compensation cases.

The Exclusive Remedy Doctrine

The Exclusive Remedy Doctrine can be found in O.C.G.A. § 34-9-11, which essentially states that an employee’s rights to pursue a claim for personal injuries or death against their employer is barred under Georgia law.  However, despite this law, an employee can still pursue a claim for bodily injuries or death against a liable third party.

It’s not all bad news! Employees maintain their rights to receive workers’ compensation benefits from their employer (or the employer’s insurance agency) for injuries that were suffered while on the job.  The distinction here is that the Georgia workers’ compensation system is the only option for an injured worker to receive compensation from their employer.

For employees who find themselves in this situation, it means two things. On the positive side, the employee does not have to prove negligence. The employee could even be partially at fault and still receive workers’ compensation benefits.  However, the employee is limited to the benefits that are available under the Georgia workers’ compensation system. More often than not, these benefits are typically less than the compensation an employee would typically receive via a properly handled personal injury case against a negligent third party.

Exceptions: Injured on the Job, but Can Still Sue

The key exception to the Exclusive Remedy Doctrine is when a third party “tortfeasor” is responsible for an employee’s injury. For example, an employee who is required to operate a vehicle as a part of his or her job and is involved in a car accident that was caused by another individual, that employee can receive all of the benefits under a workers’ compensation claim, via their employer’s workers’ compensation insurance, and also pursue a case for personal injury against the individual who caused the accident.

If you have been injured on the job, you should speak with an attorney who specializes in workers’ compensation cases. At Kaine Law, we want to help those who have been injured, as well as help them understand their legal rights from start to finish. To schedule your free consultation regarding a workers’ compensation claim, please contact our office today.

 

Our Attorneys
Testimonial
  • "I was involved in an auto-accident with a drunk driver and after several weeks of frustrating interactions with their insurance company, I decided to contact Evan Kaine. He was upfront and honest about how the process works and never made any promises or raised my expectations. Evan understood that my first priority was to take care of the medical expenses that I incurred and he completely delivered. Communication is essential and I spoke directly with him and was never pawned off to another person. Bottom line - Evan Kaine gives lawyers a good name." - M.T. Atlanta, GA

  • "Evan Kaine is a great attorney who kept me informed on all activity regarding my case. Always willing to go the extra mile to put me at ease. Very knowledgeable and thorough, always examining my case from every angle. I have recommended him to several friends and will continue to do so. Overall great legal service." - B.S. Roswell, GA

  • "My boyfriend Michael was hit by a drunk driver while he was driving my car. Even though I wasn't involved in the accident, Evan made every effort to make the process of getting my new car painless for me. He worked with my insurance company, kept in touch with me personally, and made me aware that he was working on my case around the clock. He also helped Michael get his medical bills paid ASAP. I would highly recommend Evan Kaine! " - B.D. Atlanta, GA

  • "I was in a minor car accident and wasn’t sure that I even had a case. I met with Evan and he explained the law in terms I could understand. I immediately hired him and Evan turned my questionable case into more than $50,000.00! Evan is upfront, honest and expects the same from his clients – and he doesn’t take half of your money! I highly recommend Attorney Evan Kaine." - G.S., Smyrna, Georgia

  • "To everyone LIKE ME who has had to deal with attorneys AND has that bad taste in their mouth because they have been taken advantage of because their lawyers are more interested in making money and not caring about YOU, well please allow me to introduce you to Evan Kaine. I was in a very tight position and Evan could not have been more professional, courteous or kind and, again, HONEST! Once more, as a person who has been through the trials and tribulations with lawyers, good, bad or indifferent, if you have an issue, PLEASE contact Evan and I mean this from the heart! " - R.K., Suwanee, Georgia and Palm Beach, Florida

Videos & Media

  • Meet Kaine Law

    Experienced Atlanta auto accident lawyer Evan Kaine understands the physical, financial and emotional impact an injury can have on you and the people you love. That is why at Kaine Law, LLC, we have dedicated our legal practice to assisting victims of injuries caused by the negligence of others



  • Top 5 Reasons Why
    Kaine Law is Right for You



  • Atlanta Car Accident Lawyer - Kaine Law, LLC



  • June is National Safety Month

    Personal Injury Attorney Talks Staying Safe



  • Georgia Motorcycle Laws

    New Rider's Guide

Awards & Affiliations
Google Reviews

Contact us

Quick Contact Form