You've just been in a work-related car accident and suffered a serious injury. As frightening as that is, it's natural for your job to be the first thing you think about — your security, and how you'll support your family. The most important thing is to stay calm, then contact a Marietta workers' compensation lawyer or car accident attorney to learn what benefits you're entitled to. No matter who's responsible, you deserve answers.
What Is Workers' Compensation?
Workers' compensation is insurance that provides wages and benefits for employees injured on the job. With the rise of private transportation, delivery, and direct-to-consumer services, work-related vehicle injuries are at an all-time high. The most common situations include:
- Making a delivery
- Running work-related errands
- Traveling between work sites
- Driving another employee to a work site
- Using a company vehicle to complete tasks
- Driving passengers to their destination
- Driving to an off-site job
What Benefits Am I Entitled To?
The full amount varies by case, but regardless of the situation you're guaranteed certain rights: medical treatment, lost wages, compensation for disabilities, an independent medical examination, and out-of-pocket expenses. The system pays for necessary and appropriate medical care related to your injury — though there are limits, and your employer may try to deny expensive or risky treatments, or may not fully cover ongoing therapy and rehab. That's exactly why it helps to speak with an attorney: every Georgia employee has the right to legal representation for a workers' comp claim.
What Financial Benefits Can It Provide?
- If you're out of work more than seven days, you're eligible for up to two-thirds of your weekly earnings, capped at $500 a week — potentially for up to 400 weeks, depending on your injury.
- If you can return to work but not at your pre-injury level, you may receive a reduced benefit for up to 350 weeks from the injury date, not to exceed $334 a week.
- If you can't return to your previous field because of the injury, you may receive help through vocational training or job assistance.
How Long Do I Have To File?
Notify your supervisor immediately. If you fail to report within one month of the incident, you may not receive full benefits. Claims are often denied — and if yours is, the insurer must give a reason. If you disagree, you may need to request a hearing with the State Board of Workers' Compensation, which must be held within one year of the injury date. Your attorney can handle all of this.
How Do I File a Claim?
- Report the accident to your employer.
- Get an independent medical evaluation — always from a doctor unaffiliated with your employer or their insurer, who might downplay your injuries to reduce what they pay.
- Contact an experienced workers' compensation attorney to walk you through the process.
- Your attorney files a Form WC-14 with the State Board of Workers' Compensation and sends a copy to your employer and their insurer. Don't try to do this alone.
What if a Third Party Is Involved?
If your on-the-job crash was caused by someone else — a random driver, or an employee of another company — the person responsible for your injury may not be your employer. You still have the right to compensation, and you may be able to file a third-party personal injury lawsuit against whoever caused the crash. For employees who aren't covered by workers' comp, this may be the only route to funds for medical costs and lost wages. Our personal injury attorneys handle exactly these situations.