In Georgia, you can make a claim against the other diver as long as he/she was not a co-employee that was on the job at the time of the accident. As far as the workers’ compensation benefits you received, you do not have to pay them back if the sum of the workers’ compensation benefits you received plus the money you obtained from the at fault driver does not fully and completely compensate you for your injuries and damages. The workers’ compensation carrier or your employer will have to prove you have been fully and completely compensated before they can recover from your settlement any monies they paid in workers’ compensation benefits. Please consult an attorney on the specific facts of your case to make sure your rights are fully protected. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.