Your Guide To Workers’ Comp And Job-Related Car Accidents In Georgia
Motor vehicle collisions are among the leading causes of serious car crashes in our region. The Georgia Governor’s Office of Highway Safety reports that 1,664 people were killed in auto accidents in the state in 2020 alone. Many tens of thousands more sustained serious injuries. As many people are required to drive as part of their job, work-related car crashes become an inevitability.
You may be wondering: Can you get workers’ compensation benefits for a job-related car crash in Georgia? The answer is “yes”—but only when certain specific criteria are met. Here, our Decatur workers’ compensation attorneys explain the most important things that injured workers should know about job-related motor vehicle collision claims in Georgia.
Know When Job-Related Car Accident are—and are Not—Covered By Workers’ Comp
In Georgia, workers’ compensation insurance covers a person who is “on the job.” They do not have to actually be on the premises of their employer. Instead, a person is working when they are acting within the course and scope of their job position. The standard has important implications for job-related car accident claims. As an employee, your off-site car accident may or may not be covered by workers’ comp. It depends entirely on the specific circumstances. Here is what you should know:
- Driving Because it is Your Job (Covered): If driving is part of your job duties, then any accident that occurs during that time is likely covered. For example, a UPS delivery driver hurt in a crash in Decatur while working can file for workers’ comp.
- Driving During Your Work Day (Covered): Job-related trips that occur within your workday itself are likely covered. For example, imagine that a foreman requests a construction worker to leave the job site to go to a hardware store for additional materials that are needed that day. Any crash that occurs during that time is likely covered by workers’ comp.
- Daily Commute (Likely Not Covered): Under Georgia law, your daily commute is not considered to be covered by workers’ compensation—even if you need to drive to get to your employer’s location. If a crash occurs on your daily commute, it is generally not a workers’ comp matter.
Injured Workers Always Have the Right to Hold a Negligent Third Party Liable
Every serious car accident in Georgia should be thoroughly investigated. A number of different parties may have contributed to a job-related crash—other motorists, trucking companies, vehicle manufacturers, and your employer. If your car accident is covered by workers’ compensation, you have the right to seek no-fault benefits. You should take advantage of this option.
Doing so does not foreclosure your other potential legal remedies. You still have the right to file a third party liability claim (personal injury lawsuit) against any negligent party other than your own employer. For example, if your job-related car accident in Decatur was caused by a distracted driver, you can hold that driver liable for the full extent of your damages, including pain and suffering.
Speak to Our Decatur Workers’ Comp Lawyer for Immediate Help
At O’Connell Law Firm, our Decatur workers’ compensation attorneys have the legal skills and professional experience that injured workers can trust. If you or your family member was hurt in a work-related motor vehicle collision, we are more than ready to help. Contact us today for a free, no commitment review of your case. Our law firm advocates for the rights and interests of injured workers in Decatur, DeKalb County, and throughout Northeastern Georgia.
Source:
gahighwaysafety.org/traffic-data/
