Have you been involved in a Georgia car accident? If so, you may experience severe injuries along with damages to your vehicle and other property. If your accident occurred while you were performing your job duties, then it will likely be required that your employer pays for your lost wages and medical treatment based on Georgia’s workers’ compensation law.
Because workers’ compensation in Georgia (like most states) is a no-fault system, you should be covered and be able to receive benefits if your accident occurred while you were on the job. This is the case even if the accident was due to your negligence or fault, as long as you were not found to be under the influence of alcohol or drugs.
After you are injured in an accident that took place while you were working, you should file an official claim for workers’ compensation benefits. This is done by reporting the incident to your employer right away.
If you are unable to go back to work, then you may be able to receive these benefits long-term. You also may be able to get federal disability benefits. It’s important to note that recovering workers’ compensation benefits aren’t always as easy as it should be. Since this is the case, it’s smart to reach out to our legal team at Hines Law for assistance.
Reasons Your Workers’ Compensation Claim May Be Denied
In some situations, your employer or their insurance provider may choose to deny your benefits. This is common in cases of on-the-job car accidents. The most common points that are disputed in these cases include:
- Whether you are an employee who is eligible to receive workers’ compensation benefits (instead of a freelancer or independent contractor).
- Whether the accident and injuries are actually work-related.
In both situations, our Georgia workers’ compensation attorneys at Hines Law will fight to help you get the compensation that you deserve. We will work to prove that you were misclassified and that the accident you were involved in was work-related.
When Is a Car Accident Considered “Work Related” in Georgia?
In many cases, you may be covered after a car accident by workers’ compensation benefits if you are an employee (which makes you eligible for these benefits), we’re officially on the clock, and the accident took place while you were:
- Going on an errand for your employer or supervisor.
- Making deliveries.
- Providing transportation to another employee.
- Traveling for work and if you don’t have a fixed office.
- Commuting to or from work and receiving compensation from your employer for your travel time.
In most cases, you won’t be able to collect workers’ compensation benefits for car accidents that took place while you commute to or from work, or for any accidents that take place while you are on lunch, a break, or off-the-clock. The only exception to this is if your accident occurs while you are traveling to work to get supplies for your office or to get a coffee for your boss who asked you to do this.
Determining Liability in a Car Accident
When it comes to determining fault in a car accident, there are several factors that may come into play. For example, if you were on the phone, impaired, or speeding, then you may be considered negligent and at fault for the accident. In traditional car accident cases, determining fault is important because it also determines whose insurance will cover the damages.
When you are in a work-related car accident, though, liability is not as important of a factor. One reason for this is that the workers’ compensation system in Georgia is a no-fault system. What this means is that you should be able to receive workers’ compensation benefits even if you are found at fault for the incident.
While this is true, your employer is not liable for an accident just because you were driving a company vehicle when it occurred. When the accident happened, you have to have been doing something that benefits the business. Because there are some complexities to these laws, it’s important to have a workers’ compensation lawyer from Hines Law helping with your case.
Protecting Your Rights in a Work-Related Car Accident
When it comes to work-related car accidents, there are more than a few factors to consider. Because of the impact that these accidents can have on you and your life, it’s a good idea to contact a workers’ compensation lawyer from Hines Law to protect your rights.