Despite new advancements in technology and more safety regulations to keep roadways safer, auto accidents still happen. Whether a car accident is minor or severe, it can disrupt the lives of everyone involved in the crash. The situation becomes even more complex if the accident occurs while you are performing work-related duties such as traveling for work, making deliveries, or running an errand for your employer.
If you have suffered an on-the-job car accident, you should get in touch with a lawyer as soon as possible to protect your rights. If you’re looking for an attorney in Atlanta, get in touch with Hansford McDaniel – Workers’ Compensation Attorneys. We can help you with all legal aspects of an on-the-job car accident to receive workers’ compensation benefits.
Common Causes of On-the-Job Accidents
One of the most common causes of work-related car accidents is distracted driving. Whether it’s making work-related calls, adjusting your GPS, or eating behind the wheel, anything that takes away your focus from the road is dangerous. Not only do you endanger yourself and the passengers in your vehicle, but all road users around you are at increased risk.
The long hours at work can also lead to fatigue, which is another common cause of on-the-job car accidents. As your body and mind become fatigued, your reactions and decision-making abilities become impaired.
Employees often drive company vehicles for work-related duties and are unaware of the condition and maintenance of the vehicle. A malfunction of the vehicle can also lead to a work-related accident. Other common causes include poor weather conditions and driving inexperience.
Types of Work-Related Car Accidents
Various types of car accidents happen on the job. Accidents while delivering goods to a customer or making a sales call are among the most common.
Accidents can also occur in workplace parking lots. However, these may or may not qualify as on-the-job accidents depending on several factors, including whether the employee was in the vehicle for a work-related duty.
Employees who work at a construction site or manufacturing plant often use vehicles to transport materials and tools. During this process, they can suffer a car accident.
Atlanta Workers’ Compensation Benefits
If you were involved in a work-related car accident in Atlanta, you could qualify for workers’ compensation benefits. Georgia requires all employers with three or more employees to have workers’ compensation insurance, which provides financial coverage to qualifying injury victims.
Under Georgia’s workers’ compensation law, you could be eligible to receive medical treatment, recover a percentage of your lost income, and other types of benefits. However, if the accident occurred as a result of intoxicated driving, you may not be eligible for workers’ compensation benefits.
If you are unable to return to work due to a permanent or temporary disability, you could get compensatory benefits to provide some financial assistance while you recover. The Georgia workers’ compensation benefits for temporary total disability (TTD) are limited to a maximum of 400 weeks. There is no statutory maximum for catastrophic disability benefits in Georgia.
What to Do After an On-the-Job Car Accident?
If you’ve been in an on-the-job car accident, your priority should be to get medical attention for any injuries you suffered in the accident. Unless there is a medical emergency, you must remain at the accident site to exchange information with the other drivers and assist the police in making their report for the accident.
After you have received the medical attention needed, you must notify your employer about the car accident. Depending on your employer’s policy, you may be required to take a drug test to verify that you were not driving under the influence of drugs or alcohol. If you were a passenger in the vehicle then you may not be required to do a drug test.
You should also ask your employers about the process for workers’ compensation claims, including the timeline to file a claim and whether your accident is covered by workers’ compensation.
Ideally, you want to involve an experienced workers’ compensation attorney early in the process to help you through each step. While you fight for compensation, you should continue to follow medical advice to help with your recovery and keep records of any expenses that you incur as a result of the accident.
How Can Hansford McDaniel – Workers’ Compensation Attorneys Help?
Hansford McDaniel – Workers’ Compensation Attorneys, can fight for your rights to get full and fair compensation for your losses in an on-the-job car accident. We have the legal knowledge, experience, and resources to help you get the best possible outcome for your claim.
In addition, our Georgia workers’ compensation attorneys are well-versed in state laws and can handle all aspects of the case, including negotiations with the insurance company, gathering and filing paperwork, calculating damages, and addressing disputes.
What Is the Difference Between a Personal Injury Claim and a Workers’ Compensation Claim?
One of the primary differences between a personal injury and a workers’ compensation claim is the requirement to establish fault for the accident. While personal injury cases require the claimant to prove that the defendant was at fault for their losses, there is no such requirement in workers’ comp claims.
There are also differences in the types of benefits available to the claimant and the legal process to recover compensation. In addition, there could also be differences in recovery limits. Generally, personal injury claims do not have any statutory limits on compensatory damages. However, there can be limits on workers’ compensation claims regarding both the duration of benefits and the amount claimants can receive in damages.
Can I Get Workers’ Compensation For a Work-Related Vehicle Accident?
Yes, if driving the vehicle is within the scope of your work and you got injured while performing job duties, then you could seek to get workers’ compensation benefits for your injuries. There are several causes of on-the-job vehicle accidents, including driver distraction, reckless driving, backover accidents, blind spots, and driving under the influence of alcohol or drugs.
Even if you are driving your own vehicle, you could still qualify for benefits, provided that you meet the qualification requirements. If you are not eligible for workers’ compensation benefits, there are other legal avenues — such as filing a personal injury claim — to get compensation for your losses.
What If My Employer Disputes My Workers’ Compensation Claim?
Even if you suffered a workplace injury, your employer could dispute your workers’ compensation claim for various reasons. For example, they could argue that your injuries were not a direct result of your work-related duties, or they could not agree on the amount of compensation you are seeking.
The best way to navigate this situation is to work with an attorney to determine why your claim was denied and what you can do to reach an agreement with your employer and/or the workers’ compensation insurance company. If your efforts to reach an agreement through negotiation are not successful, consider taking a more aggressive legal approach by requesting a hearing at the Georgia Workers’ Compensation Board or another administrative body that has authority over such matters.
Schedule A Free Consultation To Receive Workers Compensation Benefits
We can help injured workers collect workers’ compensation benefits such as medical treatment and partial lost wages. Contact us to schedule your free consultation with an Atlanta workers’ compensation lawyer. We are proud to be an award-winning bilingual firm that ensures nothing stands in the way of you and the compensation you deserve.