Arman Answers: All About Workers’ Compensation
Arman Deganian is a partner at Litner + Deganian, where he combines insurance company experience and a laid-back style to best represent his personal injury clients. When he’s not riding his motorcycle to work or through Midtown, he enjoys playing baseball, running, and backpacking far-off locales.
At Litner + Deganian, we specialize entirely in personal injury—it allows us to focus on one area of the law, bringing years of expertise to these often complex cases. But sometimes specialties overlap and clients have more than one way to make a claim. Workers’ comp and personal injury are two areas that have more overlap than most people realize.
Is it possible to have a workers’ comp claim and a personal injury case?
When you’re injured on the job, you know it. So you know you have a possible workers’ comp claim. In fact, it’s your only outlet—you can’t sue your employer, even if you’re alleging there were dangerous conditions. But, if you’re injured by a third party on the job, nothing is stopping you from pursuing a separate personal injury claim.
What do these cases look like?
This overlap most often comes into play for truck drivers, or really anyone who drives on the clock. Let’s say you’re hit by another car, injured, and it’s not your fault. You were hurt on the job, so you qualify for workers’ comp. But you also still have a case against the other driver—a personal injury claim separate from your workers’ comp.
Or let’s say you work at a big box store. You’re walking through the parking lot and trip on an open manhole cover. If the owner of the building is a third party—a property manager separate from your employer—you have a personal injury case in addition to a workers’ comp claim.
Because so many people don’t realize they have the option to pursue both, they leave money on the table. Even if worker’s comp completely covers your medical treatment and bills, you usually don’t have to reimburse those contributions with your personal injury settlement.
Do I need a lawyer if I’m injured on the job?
My advice to anyone injured on the job? Talk to a lawyer.
When we handle cases like these, we team up with trusted and experienced workers’ compensation attorneys in Decatur. This allows you to have both a Decatur work accident lawyer and a Decatur personal injury attorney on your side.
And even if your case doesn’t have a third party involved or a personal injury angle, you’re still going to need a lawyer. Sometimes, when injured employees don’t seek out a workers’ comp attorney in Decatur, they get treated for their injuries and that’s it. Their employer sends them to the most conservative physician on the panel of doctors and they’re back at work sooner than they should be.
In the worst cases, when they can no longer keep up with their job’s physical demands, they’re fired for performance issues. Workers’ comp is there to protect workers, so your employer’s goals may be opposite of yours. A Decatur workers’ compensation attorney can help you weigh your options and pick the best doctor from the panel.
At Litner + Deganian, we understand the complexities of a personal injury case that also involves a workers’ comp claim. You can get a free consultation at our office, conveniently located in Druid Hills near Emory and Decatur.