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On-the-Job Crash Attorneys

Georgia Workplace Car Accident Lawyers

We Don’t Back Down.

If you drive for a living — delivery driver, sales rep, trucker, home-health nurse, or anyone behind the wheel on the clock — a crash isn’t just an accident, it’s a work injury. Morrison & Hughes pursues your Georgia workers’ compensation and a separate claim against the at-fault driver, so you recover everything you’re owed.

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We handle denied & delayed claims
Workers’ comp & third-party claims
6 office locations statewide
0%
Of Workplace Deaths
Transportation incidents — the #1 cause (BLS CFOI, 2023)
0
U.S. Work Transportation Deaths
2023 — most frequent fatal event (BLS CFOI)
$0B
Crash Cost to Employers
Per year, U.S. (NETS / NHTSA, 2019)
0
Possible Sources of Recovery
Workers’ comp + third-party claim (O.C.G.A. § 34-9-11.1)
Hurt in a Crash While Working in Georgia

Two Ways to Recover. Most Workers Only Know About One.

When you are injured in a vehicle crash while doing your job, Georgia law usually gives you workers’ compensation — medical care and weekly income benefits, no matter who caused the wreck. But too many injured workers stop there, leaving real money on the table.

If another driver caused the crash, you also have a separate third-party personal-injury claim against that driver and their insurer. That claim can recover the things comp does not pay — full lost wages, pain and suffering, and diminished quality of life. Running both correctly, and protecting you from the workers’ comp insurer’s subrogation lien, is exactly what we do.

From delivery and rideshare drivers to outside sales reps, CDL truckers, plumbers, electricians, and traveling nurses, Morrison & Hughes represents Georgians hurt on the road while on the clock — across metro Atlanta and statewide.

Tell Us What Happened
Delivery driver in a work van on a Georgia road
The Data Behind On-the-Job Crashes

Work-Related Vehicle Crash Statistics

The numbers come from the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), the National Highway Traffic Safety Administration (NHTSA), and the Network of Employers for Traffic Safety (NETS). They explain why crashes are the deadliest, costliest workplace hazard in America — and why a work crash deserves a serious legal team.

Leading Causes of U.S. Workplace Deaths

Share of fatal occupational injuries by event, 2023
Source: U.S. BLS, Census of Fatal Occupational Injuries (CFOI), 2023 — transportation incidents were the most frequent fatal event at 36.8% (1,942 deaths).

Work Transportation Deaths by Year

U.S. fatal occupational transportation incidents
Source: U.S. BLS CFOI annual releases. Transportation incidents have been the leading cause of workplace death every year shown.

2023 Roadway Crash Deaths at Work

Roadway incidents vs. other transportation events (U.S.)
Source: U.S. BLS CFOI 2023 — roadway incidents involving motorized land vehicles accounted for about 1,252 of the 1,942 transportation deaths.

Cost of Crashes to U.S. Employers

Annual employer crash costs, on- and off-the-job
Source: NETS / NHTSA — motor-vehicle crashes cost U.S. employers $72.2 billion in 2019; on-the-job crashes killed 1,800+ workers and injured 379,000.
Driving On the Clock

Workers Most Often Hurt in On-the-Job Crashes

If your job puts you behind the wheel — or in someone else’s vehicle — a crash is almost always covered. Even a short trip can be “in the course of employment” under Georgia law.

Delivery & Courier Drivers

Package, food, parts, and last-mile drivers — including Amazon DSP, FedEx, and gig drivers misclassified as contractors — log the most road hours and face the highest crash exposure.

CDL Truckers & Route Drivers

Tractor-trailer, box-truck, dump-truck, and beverage-route drivers face catastrophic crashes — and often a strong third-party case against another negligent motorist.

Outside Sales & Field Reps

Sales reps, account managers, and service techs who drive between client sites are working the moment they leave for a call — not merely commuting.

Home-Health & In-Home Workers

Visiting nurses, hospice aides, and caregivers driving from patient to patient are traveling employees covered throughout the workday.

Tradespeople in Work Vehicles

Plumbers, electricians, HVAC, landscapers, and construction crews driving company trucks to and from job sites are typically covered the entire trip.

Rideshare, Transit & Passengers

Bus and shuttle drivers, and employees riding in a company van or as a passenger on a work trip, are covered when the crash happens during work duties.

The Rule That Trips Workers Up

The “Coming-and-Going Rule” — and Its Exceptions

Georgia’s general rule is that your ordinary commute to and from a fixed workplace is not covered. But there are major exceptions — and insurers routinely deny valid claims by hiding them. If any of these apply, your crash is likely compensable.

Traveling Employees

If travel is part of your job — sales reps, drivers, field techs with no fixed worksite — you are generally “in the course of employment” throughout the trip, including reasonable side activities away from home.

The Special-Errand Exception

If your employer sends you on a special task or errand outside your normal duties — a bank run, a supply pickup, a detour to a client — the trip is covered even if it begins or ends at home.

Employer-Provided Vehicle

When you drive a company car or truck, or your employer pays for or controls your travel, the commute itself can become part of the job and fall within coverage.

Paid Travel Time

If you are being paid for travel time, or reimbursed for mileage as a condition of the job, courts often treat the drive as part of your employment.

On-Premises & Parking Lots

Crashes in the employer’s parking lot or on the work site — including arriving or leaving — frequently fall within the “ingress and egress” exception to the coming-and-going rule.

Dual-Purpose Trips

If a trip serves both a personal and a business purpose — running a work errand on the way home — the work portion can bring the crash within coverage.

Workers’ Comp PLUS a Third-Party Claim

Why You May Have Two Claims — Not One

Workers’ comp is “no-fault”: you get benefits even if the crash was nobody’s fault. But it does not pay for everything. When another driver caused the wreck, a third-party liability claim fills the gap — and Georgia law (O.C.G.A. § 34-9-11.1) expressly allows you to pursue both.

Claim 1 — Workers’ Comp

Against Your Employer’s Insurer

No-fault benefits, but capped and limited to:

  • 100% of authorized medical treatment
  • Two-thirds of average weekly wage (up to $800/wk)
  • Mileage to medical appointments
  • Permanent-disability (PPD) benefits
  • No pain and suffering; partial wages only
Claim 2 — Third-Party

Against the At-Fault Driver

A full personal-injury claim that can recover:

  • The remaining one-third of lost wages
  • Future lost earning capacity
  • Pain and suffering & emotional distress
  • Diminished quality of life
  • Punitive damages (DUI / reckless driving)

The subrogation lien — and the “made whole” doctrine. Under O.C.G.A. § 34-9-11.1, your employer’s workers’ comp insurer can place a subrogation lien on your third-party recovery to be repaid for benefits it paid you. But Georgia courts apply the “made whole” doctrine: the insurer can only collect on that lien if you have been fully and completely compensated for all your losses — economic and non-economic. Most injured workers are not, which is why an experienced attorney can often defeat or sharply reduce the lien so more of the recovery stays with you.

What You May Recover

Compensation After a Workplace Car Accident

Between your workers’ comp claim and a third-party claim against the at-fault driver, the full picture of what you can recover is far larger than the comp insurer wants you to believe.

  • All authorized medical and surgical treatment
  • Prescriptions, therapy, and medical devices
  • Temporary total disability (TTD) income benefits
  • Temporary partial disability (TPD) benefits
  • Permanent partial disability (PPD) ratings
  • Mileage reimbursement for treatment travel
  • Vocational rehabilitation (catastrophic cases)
  • Full lost wages beyond the comp cap (third party)
  • Future lost earning capacity (third party)
  • Pain, suffering & emotional distress (third party)
  • Diminished quality of life (third party)
  • Punitive damages for DUI or reckless conduct (third party)
Free Case Evaluation

Do You Have a Workplace Car Accident Case?

Answer a few quick questions. We’ll tell you whether you may have a workers’ comp claim, a third-party claim, or both — and a Morrison & Hughes attorney will call you. Free, confidential, no obligation.

Step 1 of 6

Were you working when the crash happened?

Driving for a delivery, sales call, route, errand, or job site all count.

Were you injured?

Even soft-tissue, back, neck, or delayed-onset injuries count.

Tell us why you are seeking legal advice

A few words about your situation helps us point you to the right attorney. There’s no obligation.

Was another driver at fault for the crash?

This determines whether you also have a third-party claim.

When did the crash happen?

Workers’ comp claims must be filed within one year (O.C.G.A. § 34-9-82); notice is due within 30 days.

Are you currently represented by another attorney for this crash?

If yes, please contact your attorney first.

One last step — send this to our team

Your answers are already written into the message below. Add your contact details, tell us anything else in your own words, and press Send Message. Nothing is sent until you do.

Know the Statutes

Georgia Workers’ Comp Laws That Affect Your Crash Claim

Georgia’s Workers’ Compensation Act sets strict tests and deadlines. Missing the notice or filing window can end a valid claim before it begins — and the rules on third-party recovery decide how much money you ultimately keep.

O.C.G.A. § 34-9-1

“Arising Out of & In the Course of Employment”

To be covered, your injury must both arise out of (be connected to a work risk) and occur in the course of (during work duties) your employment. A crash while driving for the job almost always meets this two-part test — the coming-and-going exceptions extend it further.

O.C.G.A. § 34-9-80

30-Day Notice Requirement

You must report the injury to your employer within 30 days. Notice can be oral or written, but no compensation is payable unless timely notice is given (or an exception applies). Report it in writing as soon as possible after a crash.

O.C.G.A. § 34-9-82

One-Year Statute of Limitations

You generally must file your workers’ comp claim with the State Board of Workers’ Compensation within one year of the injury. Limited exceptions can extend this where benefits or authorized treatment were provided — but the safe rule is one year.

O.C.G.A. § 34-9-261

Temporary Total Disability (TTD)

While you’re totally unable to work, you receive two-thirds of your average weekly wage, capped at $800/week (for injuries on or after 7/1/2023), generally for up to 400 weeks. That cap is exactly why a third-party claim for full wages matters.

O.C.G.A. § 34-9-11.1

Third-Party Claims & Subrogation Lien

You may sue the at-fault third party in addition to receiving comp. The employer/insurer gets a subrogation lien on your recovery — but only if you have been “fully and completely compensated” (the made-whole doctrine), a burden the insurer rarely meets.

O.C.G.A. § 9-3-33

Two-Year Deadline on the Third-Party Suit

The separate personal-injury lawsuit against the at-fault driver carries Georgia’s two-year statute of limitations. The comp claim (1 year) and the third-party claim (2 years) run on different clocks — both must be protected.

Your First Steps

What to Do After a Crash While Working in Georgia

What you do in the first hours and days protects both claims. The comp insurer and the at-fault driver’s insurer are already working — yours should be too. Don’t let the insurance companies get a head start. Let us help you protect your case from the very beginning.

1. Get Medical Care Immediately

Tell the provider it was a work crash. Adrenaline masks back, neck, and brain injuries. The medical record is the foundation of both claims.

2. Report It to Your Employer

Give written notice within 30 days (O.C.G.A. § 34-9-80) — ideally the same day. Keep a copy. Late or verbal-only notice is a top reason claims get denied.

3. Call the Police

Insist on a Georgia Uniform Motor Vehicle Crash Report. It documents the other driver’s fault — the key to your third-party claim. Get the report number.

4. Document the Scene

Photos of all vehicles, damage, the road, and your injuries. Names and numbers of the other driver and any witnesses.

5. Don’t Give Recorded Statements

Both insurers will call. Anything you say is used to cut your claim or shift blame. Decline politely and refer them to your attorney.

6. Call Morrison & Hughes

We coordinate the comp claim and the third-party claim together, preserve evidence, and protect you from the subrogation lien — so you keep more.

Common Questions

Workplace Car Accident FAQs — Georgia

I was driving for work when another driver hit me. Can I get workers’ comp AND sue the other driver?
Yes. Georgia workers’ compensation is no-fault, so you can receive medical and income benefits regardless of who caused the crash. Separately, under O.C.G.A. § 34-9-11.1, you can bring a third-party personal-injury claim against the at-fault driver for damages comp doesn’t cover — full lost wages, pain and suffering, and diminished quality of life. We pursue both and coordinate them so you maximize your total recovery.
What is the “coming-and-going rule,” and does it bar my claim?
Georgia’s general rule is that an ordinary commute to and from a fixed workplace isn’t covered. But many exceptions apply: traveling employees with no fixed worksite, the special-errand exception, crashes in an employer-provided vehicle, paid travel time, dual-purpose trips, and crashes in the employer’s parking lot. Insurers cite the rule to deny valid claims — we identify which exception fits your facts.
If I get a third-party settlement, does my employer’s insurer get part of it?
Possibly. The workers’ comp insurer can assert a subrogation lien under O.C.G.A. § 34-9-11.1 to be repaid for benefits it paid. However, Georgia’s “made whole” doctrine means the insurer can only collect if you have been fully and completely compensated for all losses — economic and non-economic. Most injured workers are not fully compensated, so an experienced attorney can often defeat or substantially reduce the lien.
How much will workers’ comp pay me while I can’t work?
Temporary total disability (TTD) pays two-thirds of your average weekly wage, capped at $800 per week for injuries on or after July 1, 2023 (O.C.G.A. § 34-9-261), generally up to 400 weeks. Because that replaces only part of your income, the third-party claim against the at-fault driver is how high earners and long-recovery cases recover the rest.
How long do I have to file in Georgia?
You must notify your employer within 30 days (O.C.G.A. § 34-9-80) and generally file your workers’ comp claim within one year of the injury (O.C.G.A. § 34-9-82). The separate third-party lawsuit against the at-fault driver has a two-year deadline (O.C.G.A. § 9-3-33). These clocks run independently — don’t let one lapse while focusing on the other.
I’m classified as a 1099 contractor / gig driver. Am I still covered?
Maybe. Many drivers are misclassified as independent contractors when the law would treat them as employees based on the control the company exercises over their work. If you are truly an employee in fact, you may be entitled to workers’ comp despite a 1099. We investigate the real working relationship — and you always retain a third-party claim against the at-fault driver regardless of classification.
Is it free?
Nothing up front. On the workers’ compensation side, Georgia attorney’s fees are set and capped by law — generally 25% — and must be approved by the State Board of Workers’ Compensation, and the fee comes out of the benefits we secure. On the separate third-party injury claim against the at-fault driver, we work on a contingency fee — you owe no attorney’s fees unless we win that case. Either way, the initial consultation is always free and confidential, so there’s no risk in calling.
From the Morrison & Hughes Blog

Workplace Car Accident Resources

Practical guidance for Georgia workers hurt on the road — written by attorneys who handle both workers’ comp and injury claims. Read these before you talk to either insurer.

Related Reading

Visit the Morrison & Hughes Blog

Service Areas: Find Your Local Work Injury Attorney

We handle workplace car accident cases statewide. Six office locations across Georgia.

Marietta Alpharetta & Roswell Decatur Hiram Fayetteville LaGrange All Service Areas

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Hurt in a Crash While Working in Georgia? Call Now.

Free, confidential consultation — 24/7. We’ll tell you whether you have a workers’ comp claim, a third-party claim, or both, and walk you through what comes next.

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