Depending on the nature of your accident, you may have multiple legal actions. This is good, because there are times when you can effectively “double dip” on your recovery. The first legal action is against the at-fault party in your car or trucking accident (i.e. the negligent driver). The second legal action is against your employer’s insurance company for Workers’ Compensation. With the help of skilled workers’ compensation lawyers, you will be able to better navigate towards a successful settlement in your workers’ comp and personal injury case.
Who is “At Fault,” and When Does it Matter for a Workers’ Comp or Personal Injury Case?
An at-fault party is the individual that caused your accident, along with their automobile insurance company. Generally, the negligent driver will receive a traffic citation (a “ticket”) at the scene of the accident. However, that does not always happen, and a traffic citation is not necessarily required to win your personal injury case. There are times when the police officer identifies who is at fault but merely issues a “warning” or chooses not to write a ticket because the accident happened on private property. In this case, the at-fault driver is typically listed on the accident report as “Driver 1”. Commonly, Driver 1 on the police report is the person who rear-ended you, ran a red-light, missed a stop sign, or otherwise caused your accident. It is very important to get a copy of your police/accident report, and your workers’ compensation lawyers at Morrison & Hughes can help with that.
If you were injured by someone else’s negligence in Georgia, and you would like a free copy of your police report, click HERE.
In a personal injury case, fault matters. By comparison, workers’ compensation is “a no-fault system.” If two people are equally at fault for causing a car accident, neither is likely to have a good personal injury case. However, if you get hurt in an on-the-job vehicle accident, even if it was your own “fault”, you still have a valid workers’ compensation claim.
What if I’m the At-Fault Driver? Does that Mean There is No Recovery for Me in My Personal Injury Case?
Workers’ compensation is a “no fault” system. Even if you caused the vehicle collision, you are still entitled to workers’ comp benefits under Georgia law if you were on-the-job at the time of your accident, you got injured, and the insurer has no other defenses. Fault alone is not a defense. So, your employer’s insurance is still responsible for providing care and income replacement, when appropriate.
Many people have been misled to believe that a work injury needs to be the fault of your employer. This is untrue. If you are wondering if you can get medical treatment and work comp checks following an on-the-job car, truck, boat, fork-lift, heavy-machinery or motorcycle accident, please call us. Our workers’ compensation lawyers are on standby to help you understand your legal rights.
Is it Ever Possible to “Double Dip”?
Your accident has two different responsible parties. Experienced Cobb, Fulton, or Gwinnett County workers’ compensation lawyers will know where to file each claim, and how to file it so that you maximize your recovery. First, your employer’s workers’ compensation insurance company is responsible for workers’ compensation benefits, because the accident took place while you were working. This is true even if you traveled out of state, or if you don’t typically work from your car.
Second, the driver who struck you is responsible for a personal injury claim, because they were negligent in causing the accident. Generally, this means that you may be able to recover from both the at-fault driver’s insurance (car insurance), and the insurance company that insures your employer (worker’s compensation). It is one of the rare times when the law does permit some degree of double recovery (“double-dipping”). In reality, insurance companies fight most claims and always seek to pay less than the claims are worth. So this “double dip” is often the only way to truly make you whole.
What Should I do to Get this Process Started with Skilled Workers’ Compensation Lawyers?
Call us at (404) 689-2734. Email us at mh@morrisonhugheslaw.com. Reach out to us via our online contact form. Our workers’ compensation lawyers are available to help with your legal issues and personal injury case. The sooner you call in the big guns, the sooner reinforcements arrive. No one should face the insurance company alone.
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