Understand when to contact a work injury or workplace discrimination lawyer and what they can do to help
If you’re having problems at work or experiencing employer retaliation, you may be confused about your legal options and unsure where to turn. Workers who feel like they’re being treated unfairly or are having trouble getting workers’ comp benefits after being injured on the job in Georgia often wonder if they need a workers’ compensation lawyer or a workplace harassment lawyer to help protect their rights.
These legal professionals handle very different situations, and knowing the difference is key to getting the help you need. This article will break down what each type of lawyer does, explain what qualifies as illegal harassment (and what doesn’t), and help you understand when it’s time to take action.
What’s the difference between a workers’ comp and workplace harassment attorney?
A harassment lawyer and a workers’ compensation lawyer both protect employees’ rights, but they focus on different legal issues.
What a harassment lawyer can help with:
- Sexual harassment claims. This includes unwanted advances, inappropriate touching, explicit messages, or a toxic work environment due to sexually suggestive behavior.
- Workplace discrimination. This covers unfair treatment based on race, gender, age, disability, religion, pregnancy, sexual orientation, or other characteristics protected under federal law.
- Hostile work environment. This involves ongoing harassment, intimidation, or offensive behavior that makes the workplace unbearable and affects job performance.
- Retaliation or wrongful termination. These refer to situations where employees are demoted, fired, or otherwise punished due to discrimination or for reporting unlawful behavior like harassment, discrimination, or illegal workplace practices.
What a workers’ compensation lawyer can help with:
- Filing a workers’ compensation claim. They help workers submit claims for injuries, illnesses, or diseases caused by workplace conditions to ensure workers receive workers’ comp benefits for medical expenses and lost wages. Types of conditions that a workers’ comp attorney can assist with include:
- One-time workplace injuries. These include falls from ladders, heavy machinery accidents, burns, work-related car accidents, etc.
- Repetitive stress injuries (RSIs). These include conditions like carpal tunnel syndrome, tendonitis, and lower back pain from repeated motions or poor ergonomics.
- Occupational illnesses and diseases. Long-term exposure to harmful substances can lead to conditions like mesothelioma from asbestos exposure, lung disease from chemical inhalation, or hearing loss from excessive noise.
- Psychological injuries. In Georgia, workers in high-stress occupations like first responders may be able to claim benefits for job-related PTSD, anxiety, or depression if the psychological injury stems from a physical injury at work.
- Denied or delayed claims. If your employer or their insurance company denies your claim or delays payments, a workers’ comp lawyer can fight back through appeals or litigation.
- Wrongful firing after filing a workers’ comp claim. If you’re wrongfully fired in retaliation for reporting a workplace injury and seeking benefits, a workers’ comp lawyer can help protect your rights.
- Permanent disability benefits. If your injury prevents you from permanently resuming your previous job duties, they help obtain vocational rehabilitation benefits (for job retraining), as well as permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the extent of your injury and ability to perform any type of work.
- Workplace injury settlements. If your injury results in long-term or catastrophic impairment, they can help you negotiate a fair settlement to cover ongoing medical care, lost wages, and future disability benefits.
- Return-to-work disputes. If your employer refuses to provide light-duty work or disability accommodations or forces you back to work before you’re medically cleared, they can intervene.
- Third-party injury claims. If a third party (such as a subcontractor, equipment manufacturer, or driver in a work-related crash) was responsible for your injury, they help file personal injury lawsuits in addition to your workers’ comp claim.
- Death benefits for families. If a workplace injury or illness leads to a fatality, a workers’ compensation attorney helps surviving family members obtain death benefits, including funeral costs and lost income support.
While both types of lawyers protect employees, harassment lawyers handle mistreatment, discrimination, and wrongful termination claims, while workers’ comp lawyers focus on workplace injuries, illnesses, and disability benefits. If you’re unsure which type of lawyer you need, reach out to a local Georgia work injury attorney who can help you explore your legal options.
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What are examples of workplace harassment?
Workplace harassment and discrimination can take many forms. It’s not always about obvious insults; sometimes, it’s the subtle, persistent behaviors that create a hostile environment. Below are some examples to illustrate when a comment or behavior may qualify as harassment or discrimination at work:
1. Discriminatory harassment is any unwelcome conduct based on a protected characteristic.
2. Sexual harassment is unwelcome sexual advances or conduct.
3. Verbal harassment is using offensive language, insults, or threats.
4. Visual harassment is displaying offensive images or gestures.
5. Physical harassment is any unwanted physical contact or assault.
6. Retaliation is adverse action or punishment for reporting harassment.
Please note that a single offhand remark or joke, while unprofessional, usually isn’t enough to be considered harassment unless it’s part of an ongoing pattern.
While inappropriate behavior should never be ignored, for harassment to be illegal, it must meet specific criteria—such as being severe or pervasive or creating a hostile work environment.
Need help getting the workers’ comp benefits you deserve after an injury in Georgia?
At Gerber & Elkins Workers’ Compensation Attorneys, we wholeheartedly believe that every Georgia worker is entitled to a safe and respectful workplace. If you’re experiencing discrimination or harassment at work, we strongly encourage you to file a discrimination claim with the Georgia Commission on Equal Opportunity or the
If you’ve been injured at work and are facing pushback from your employer or are having trouble getting the benefits you’re entitled to, reach out to our experienced Atlanta work injury attorneys for help. Our attorneys have more than 100 years of experience fighting for the rights of injured workers in Georgia, so we know what needs to be done to ensure you get the full compensation you deserve.
Contact Gerber & Elkins Workers’ Compensation Attorneys today to schedule a free consultation to learn how we can help with your workers’ comp claim.
References
Employment Complaint Form. (2025). Georgia Commission on Equal Opportunity. https://gceo.georgia.gov/complaints/employment-complaint-questionnaire
U.S. Equal Employment Opportunity Commission. (2024). Filing A Charge of Discrimination | U.S. Equal Employment Opportunity Commission. www.eeoc.gov. https://www.eeoc.gov/filing-charge-discrimination
