What to Do When You Have Been Involved in a Work-Related Motor Vehicle Accident in Georgia: A Step-by-Step Guide

Work-related motor vehicle accidents can be distressing experiences, leaving you injured and uncertain about the future. In Georgia, a car wreck on the job can result in two claims for the injured worker: a workers’ compensation claim and a negligence or personal injury claim against the driver who caused the collision. Because being injured in a car crash while performing your job duties involves your health and also your finances and job, it is very important to know your rights and the steps to take immediately following an accident to ensure you receive the support and compensation you deserve. Here’s comprehensive guidance on what to do in the aftermath of a work-related motor vehicle accident.

1. Ensure Safety and Report the Accident

The immediate aftermath of an accident can be chaotic. Your first priority should be to ensure your safety and the safety of others involved. Move to a safe location if possible and call emergency services to report the accident. Beyond safety, reporting the accident is crucial, as it provides an official record, which is necessary for any subsequent legal and insurance claims.

2. Seek Medical Attention

Even if you feel fine, it’s imperative to seek medical attention immediately after the accident. Some injuries, especially internal ones, may not be immediately apparent. Inform the medical provider that your injuries are work-related. This step is not only vital for your health but also important in documenting your injuries, which is a critical component of your workers’ compensation claim and/or personal injury case..

3. Notify Your Employer

As soon as possible, and ideally within 24 hours of the accident, notify your employer about the incident. Be sure to provide a detailed account of the accident and your injuries. Georgia law requires injured workers to notify their employers within a certain timeframe to be eligible for workers’ compensation benefits. This notification can be verbal or written, but it’s advisable to have a written record of your notification.

4. Contact the Insurance Companies

After reporting the accident to your supervisor at your employer, you will need to contact the insurance company of the party that caused the collision – and you will also need to notify your auto insurance carrier as soon as possible. The information for the at-fault party’s insurance carrier will be on the police report. The claim against the other driver is called a “third-party” claim since it involves someone other than the employee and the employer.

Sometimes, a third-party case does not exist per Georgia law. For example, a situation where your co-worker was driving the vehicle you were in, and caused the crash. Keep in mind you cannot sue your employer for pain and suffering in Georgia – you would only be entitled to workers’ comp benefits.

When interacting with the insurance companies, be cautious about the information you share. It’s recommended to consult with an attorney before providing detailed statements or accepting any settlements, as these actions can affect your claim’s outcome.

Documentation Is Key

Gather as much evidence as possible from the scene of the accident. This includes photos of the accident site, your vehicle, any other vehicles involved, and your injuries. Collect contact information from witnesses and a copy of the police report if one is made. This information will be invaluable in supporting your claim. 

Different Types of Damages and Compensation after a Motor Vehicle Accident at Work

Suffering an injury from a work-related motor vehicle accident in Georgia can significantly impact your life. However, The Law Offices of T. Andrew Miller, in Atlanta, is here to help you. 

After a motor vehicle accident at work, compensation can include medical expenses, lost wages, and rehabilitation costs. Damages can include pain and suffering, emotional distress, and loss of enjoyment of life, but only in a third-party negligence/personal injury case. Pain and suffering and many other types of damages are not available in workers’ compensation claim. This is due to the Georgia law called “exclusive remedy.”

It’s advisable to consult with an attorney that understands both workers’ comp and personal injury, in order to ensure your claim is properly filed and to navigate any potential challenges and obtain maximum compensation for both claims.

Be Mindful of Deadlines

It’s important to be aware of and adhere to all relevant deadlines in the workers’ compensation process. Georgia law has specific timelines for reporting accidents, notifying employers, and filing claims. Missing these deadlines can jeopardize your ability to receive benefits. On top of that, there are important deadlines in the personal injury realm to be aware of, such as the two-year statute of limitations.

Follow Up on Medical Care

Adhering to your prescribed medical treatment and attending all follow-up appointments is crucial for your recovery and your claim. Keep detailed records of all medical visits, treatments, expenses, and any travel costs related to your medical care. These documents are important for ensuring that you are fully compensated for your expenses.

Consult with an Attorney

Navigating the aftermath of a work-related motor vehicle accident can be complex, and the workers’ compensation system can be daunting. Consulting with an attorney who specializes in workers’ compensation can provide invaluable assistance. A workers’ compensation attorney can help protect your rights, ensure you receive the maximum benefits you’re entitled to, and guide you through the process, including appealing any denied claims/benefits. In addition, a personal injury attorney can work to advise you and maximize your compensation in any potential third-party negligence case.

The great news is that Attorney T. Andrew Miller is one of the few attorneys in Atlanta who truly understands the interplay between and the intricacies of both Georgia workers’ compensation and personal injury motor vehicle accident cases. He has been to trial in both arenas and knows what it takes to maximize both cases. We can handle both of your cases in house, eliminating the need for two separate law offices.

If you’ve been injured in a work-related motor vehicle accident in Atlanta, don’t navigate the complex legal system alone. The Law Offices of T. Andrew Miller are here to advocate for your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation and let us help you on your road to recovery.