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Many workers’ compensation claimants want to know if they can recover for pain and suffering over and above lost income. The answer is, “Not from your employer-but maybe someone else.”

When you are hurt on the job and unable to work, the amount you are entitled to recover from your employer is determined by your lost earnings-not how painful your injury may be. Instead, you compare your pre-injury wages with your post-injury wages, if any, then calculate benefits based on workers’ compensation formulas and maximums. This determines the amount of Temporary Total Disability benefits (“TTD”) and/or Temporary Partial Disability benefits (“TPD”) you receive. See O.C.G. A. 34-9-261 and 34-9-262, respectively.

Pain may factor into your Permanent Partial Disability benefit (“PPD”) if your doctor chooses to consider pain when calculating your permanent impairment rating. Once rated, the formula provided in O.C.G.A. 34-9-263 determines the amount you receive.

Traditional civil cases, on the other hand, permit recovery of general damages in the form of pain and suffering in an amount to be determined by the enlightened conscience of a fair and impartial fact finder, usually a jury. If you were hurt on the job and your injury was caused by a third party other than your employer, you may have a civil claim and a right to recover pain and suffering from the negligent third party. You may be able to pursue this claim in addition to your workers’ compensation claim.

If you wish to pursue either a worker’s compensation claim or a third party negligence action, contact an experienced lawyer at Burnside Law Firm LLP for a free initial consultation to learn more about your legal rights.

Disclaimer: Every worker’s compensation case has its own unique facts and circumstances. The information above is a general description of the issues presented and should not be relied upon as legal advice in your case. For specific legal advice, contact one of the lawyers at Burnside Law Firm LLP.

To help us better understand your Personal Injury issue, please fill out our intake form.

Contact Us

Augusta

2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320

Athens

325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered tens of millions in settlements and verdicts

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

Commercial Vehicle/Death

$6,000,000

Auto Accident/Death

$5,000,000

Workplace Accident/Leg Injury

$1,800,000

Medical Malpractice/Surgery Complication

$1,000,000

Medical Malpractice/IV Procedure Error

$1,000,000

Premises/Fall

$700,000

No fee unless we win

Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller
Robert MacGregor

Robert MacGregor

Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

Meet Robert MacGregor

Ashton Revollo

Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

Meet Ashton Revollo

Our Client Testimonials

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

Lynn Eldridge

I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

Damien Williams

I definitely felt comfortable in there hands really good people.

Jacob Clements

Very very good law firm. Went above and beyond to make things right. Highly reccomend.

Barbara Huskinson

Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

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    Augusta

    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320

    Athens

    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264