Does Workers’ Comp Cover Work-Related Car Wrecks in Georgia?
Were you involved in a work-related car wreck? Unfortunately, this happens often.
The CDC reports, “In 2020, 1,038 U.S. workers driving or riding in a motor vehicle on a public road died in a work-related crash (22% of all work-related deaths). Among these 1,038 deaths, the Transportation and Warehousing industry had the highest share (43%), followed by Construction (14%), Wholesale and Retail Trade (9%), and Administrative and support and waste management and remediation services (6%).”
We tend to think of work-related car wrecks as only occurring in transportation jobs, but “56% of workers who died in 2020 were not employed in motor vehicle operator jobs.”
It is important to recognize that these statistics only include fatalities, so we can assume the number of work-related car wreck injuries is significantly higher.
What we do know is, they are costly for employers.
According to the Network for Employers for Traffic Safety, “In 2019, U.S. traffic crashes cost employers $72.2 billion—up from $47.4 billion in 2013—in direct crash-related expenses which include medical care, liability, lost productivity and property damage.”
The reason it costs employers comes down to workers’ compensation.
If you were in a work-related car wreck, workers’ compensation insurance should apply.
This means you should receive workers’ compensation benefits to help cover the costs of medical bills and lost wages.
However, just because you were injured in a car wreck during business hours, you should not assume it will be covered by workers’ compensation.
Keep reading to find out more.
What Constitutes a Work-Related Car Wreck?
In order to receive workers’ compensation for a car accident, it must be work-related.
However, work-related is specific. The accident must have occurred while you were on the clock.
If you are a delivery driver and get into a car wreck while on your delivery route, this is considered a work-related car wreck because it took place while you were working.
Here are some other examples:
- Making deliveries
- Driving around to work sites
- Running work-related errands
- Driving your employer or other employees as a work requirement
- Work travel your employer pays for
What Does NOT Count as a Work-Related Car Wreck?
The basic way to know whether or not a car wreck is deemed work-related is to determine if the wreck occurred when you were working.
The Georgia State Board of Workers’ Compensation Employee Handbook explains, “Injuries sustained while engaging in unassigned duties, during lunch and breaks, are not covered. In addition, injuries that occur during an employee’s normal commute to and from work are not covered.”
Let’s say you get into a car wreck while you are running an errand during your lunch hour. This would not count as a work-related car wreck when it comes to workers’ compensation.
Similarly, if you get in a wreck on the way to work or the way home from work, it would not be considered work-related.
Car Wreck Your Fault? Workers’ Compensation Still Applies.
So, what if you caused the car wreck? You may think you won’t receive workers’ compensation benefits, but you’d be wrong.
Let’s say you were making deliveries for your company and accidentally crossed a lane, which resulted in a car wreck.
You’d be at fault, but if you were injured in the wreck, you’d still be eligible for workers’ compensation benefits.
This is because Georgia is a no-fault liability state.
According to the Georgia State Board of Workers’ Compensation, “Today, the workers’ compensation law provides for specific benefits to be paid to employees for injuries arising out of and in the course of employment, without regard to negligence or fault, and at the same time, provides the employer with limited liability.”
NOTE – This is true only if you were not doing anything illegal, such as driving under the influence.
[Related Read: Can I Receive Workers’ Comp Benefits If I’m at Fault?]
What Workers’ Comp Covers for a Work-Related Car Wreck
Workers’ compensation benefits cover medical treatment (such as doctor visits, surgery, or physical rehabilitation), lost wages, and permanent disability.
Georgia workers’ compensation also covers all expenses related to care and treatment due to a work-related injury. This includes medical benefits such as:
- Assistive devices (walkers or wheelchairs)
- Prescription drugs
- Mileage to and from doctors’ appointments
- Meals and lodging for out-of-town medical appointments
What Workers’ Comp Does NOT Cover
Unfortunately, if you experience a work-related car wreck, workers’ compensation won’t cover everything.
While the benefits will cover the basic costs needed to get you well enough to return to work, they will not cover the cost of vehicle repairs or vehicle replacement.
When it comes to the vehicles involved, you will need to file a claim with your insurance company or the other driver’s.
Now, let’s say the other driver was at fault.
If so, you may be able to receive workers’ compensation benefits from your employer’s insurance company and also pursue a separate personal injury claim against the at-fault driver.
The costs associated with your “pain and suffering” may help you cover the costs of vehicle repairs.
Get Help from a Qualified Attorney
Anytime you are involved in a car wreck, it is an overwhelming experience. If you are involved in a car accident while working, it is even more complicated.
Now, in addition to worrying about car insurance, you have to deal with workers’ compensation insurance.
The good news is that you do not have to do it alone!
You can (and should) work with a qualified workers’ compensation attorney.
Watch Top 5 Reasons to Hire a Work Comp Lawyer
Your attorney can take charge while you rest and recover.
Your attorney will deal with the workers’ compensation insurance company to ensure you get the benefits you deserve and need from this car accident that took place while you were on the clock.
DeMedeiros Injury Law has a wealth of experience helping clients with workers’ compensation and personal injury claims.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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