Civil Claim or Workers’ Compensation Claim in Georgia?
People in Georgia are often confused whether an auto accident on the job is a civil claim or a workers’ compensation claim. In reality, both claims are valid in a variety of situations.
For example, a delivery driver working for UPS involved in an auto accident has a workers’ compensation claim and a third-party liability claim against the other driver.
Auto Accidents & Georgia Statistics
According to the 2015 census of fatal occupational injuries, 2015 was the highest since 2008. Heavy and tractor-trailer truck drivers recorded 745 fatal injuries, the most of any occupation. Roadway accidents were up 9 percent in 2015 and accounted for 26 percent of all fatal work injuries. Half of those fatalities involved a semi, tractor-trailer, or tanker truck.
In a non-fatal truck or auto accident that is both a workers’ compensation claim and a third party claim, typically, the injured worker receives treatment under the workers’ compensation system while concurrently pursuing a recovery from the negligent party. Of course, the worker’s compensation carrier may seek reimbursement from any settlement via ‘subrogation’ but this is very difficult to pursue in Georgia.
I have worked with clients who were injured on 285 in Atlanta, Georgia 400 between Alpharetta and Roswell, and all surrounding congested freeways in the Atlanta metro. The Atlanta area has some of the highest rates of auto and truck accidents, so the chances of a car accident on the job is very high. Due to the complexity of these cases, it is important to work with an Atlanta workers’ compensation lawyer like Beth Gearhart who knows these freeways and has experience maximizing their claim settlements.
Contact a Workers’ Compensation Attorney in Atlanta
Regardless, if you have a work injury that is also a truck or car accident, it gets complicated and you should contact an attorney immediately. Beth Gearhart is an expert in Atlanta Workers’ Compensation and auto accidents on the job, so contact her today at (404) 445-8370 or request a free consultation.