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First, pull over safely, check yourself for injuries, then call 911 to report the accident and get help. If possible, you should also check on the people in the other vehicle, if there is one. Let the paramedics examine you, even if you don’t think you were seriously hurt, as many people don’t experience the full impact of their injuries immediately.
What about after the accident, when you may need compensation for your damages? What happens next depends on several factors, including who was at fault for the accident and if you were actually working at the time of the accident versus driving the company vehicle on your personal time. In some situations, an injured party may have cause for both a worker’s comp claim and a claim against the at-fault driver or their insurance carrier.
When you’ve been injured in a car or work accident, you need the help of a Georgia car accident lawyer to receive the best settlement for your damages. Attorney Ali Awad is the founder of the CEO Lawyer Personal Injury Law Firm, which quickly became one of the fastest-growing law firms in the country, topping 499 others. Mr. Awad also delivers witty and useful legal knowledge to more than a million followers on social media. If you have questions about your claim, the CEO Lawyer Personal Injury Law Firm is always available for a free consultation.
Should You File a Worker’s Compensation Claim?
If you were doing work at the time of the accident, yes. Of course, you will need to report the accident to your supervisor as soon as possible. In some cases, your supervisor may try to talk you out of pursuing workers’ compensation, but you need to get your medical bills and lost wages paid. If your boss threatens you or suggests that filing a workers’ comp claim might have a negative impact on your employment status, contact a workers’ compensation attorney as soon as you leave work.
If you were driving a company vehicle off the clock, you will not be eligible for workers’ compensation. You can seek compensation from the other driver or their insurer if they were at fault. If they were not at fault, you may be able to go through your own insurance company depending on what kind of coverage you have.
What is the Process for Workers’ Compensation?
Workers’ compensation insurance was established to spare employers and workers the time and expense of resolving workplace injury compensation through personal injury claims in the court system. In other words, you don’t have to invest time and money proving the accident was your employer’s responsibility, and vice versa. If you were hurt while performing work for your employer, you should be eligible for workers’ comp (with a few exceptions, which we’ll discuss later).
In Georgia, any business with three or more employees is required to carry workers’ compensation insurance. This includes part-time workers, and you should be covered from day one – there is no waiting period the way there might be with employer-managed health insurance. You can verify if your employer has this coverage at the State Board of Workers’ Compensation website. If your workplace seems to have more than two employees and no coverage, ask your attorney to look into the situation.
How Much Will Workers’ Compensation Pay for an Accident in a Work Vehicle?
This depends on your injuries, but in most cases, workers’ comp insurance should cover all your authorized medical and rehabilitation bills. It should also pay for lost income if you are out of work for more than seven days, although this is paid at a rate of two-thirds of your average weekly pay. This amount is currently capped at $725 a week. If your injuries are considered catastrophic, in some situations you may be eligible for permanent medical or income benefits.
Why Was My Worker’s Comp Claim Denied?
As we mentioned above, workers’ compensation is supposed to be an easy way for workers to get their at-work injuries covered, but unfortunately, it’s not always that simple. Although this system removes the question of fault (with few exceptions), the insurance company may find other reasons to deny your claim, such as:
- Your treatment wasn’t authorized. In an emergency, you should be able to go to an emergency room and receive treatment right away. If your situation is not an emergency or you need non-emergent follow-up care, you must use an approved medical provider. Your employer should have a list of these providers available and a number you can call 24/7 to access this information. However, even with an approved provider, you may have issues with the insurance company claiming that the treatment you need is unnecessary.
- Your injuries were due to your own reckless or intentional behavior. Workers’ comp insurers can’t deny your claim just because you made a mistake that led to your injuries. However, they can deny your claim if your actions were excessively reckless or if you injured yourself on purpose. For example, if you were driving drunk and caused a car accident while working, they could deny your claim. This is why most employers require drug and alcohol testing after any workplace accident.
- Your injuries were pre-existing, fake, or otherwise unconnected to the work accident you reported. Your denial may claim that you weren’t really hurt or are exaggerating the severity of your injuries or that you had them prior to the accident, so the insurer doesn’t have to cover them.
These are a few common reasons for denials, but there may be others. If your workers’ comp claim has been turned down for any reason, don’t try to reason with the insurer yourself. It’s possible you may inadvertently say something that sounds harmless, but the insurance adjuster wildly misinterprets your meaning and uses it as another excuse to deny your claim. Instead, contact a workers’ comp lawyer who can review your claim and negotiate with the insurance carrier on your behalf.
Does an Accident in a Company Car Affect Your Personal Insurance?
Unfortunately, yes, the accident may affect your personal car insurance rates if you were the driver. Any time you’re in a reported accident, it will go on your driving record, whether it’s your fault or not. Insurance companies tend to think people who get into many accidents are at higher risk, even if they didn’t cause most of them. However, some insurers have an “accident forgiveness” policy, so if you have not had a lot of other accidents, this may not affect you.
What If the Other Driver Was At Fault and Two-Thirds of My Income Isn’t Covering All My Bills?
Workers’ comp protects your employer from lawsuits, but you can still file a separate claim against the driver who hit you or their insurance carrier for damages not covered by workers’ compensation. Speak with an attorney today to learn more about your options.
Call the CEO Lawyer After Your Work-Related Accident
If you’re struggling after a car accident in a company vehicle, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. We’re happy to answer your questions, and if we take your case, there is no fee until we win. Car accident and workers compensation lawyers are available to take your call at 833-254-2923.