You were driving between client sites in Perimeter Center, making a delivery up Peachtree Industrial Boulevard, or heading to a job in a company truck on the I-285 Top End. Then another driver ran a light or drifted into your lane.
Now you have two systems in front of you: workers' compensation through your job, and a possible injury claim against the driver who hit you. Most people hear about the first one from HR. Far fewer hear about the second. This post explains how a car accident while working in Georgia is handled, and why the third-party claim is easy to miss.
Does workers' comp cover a car accident while working in Georgia?
In many cases, yes. If the crash happened in the course of your job, workers' comp can pay for medical treatment and part of your lost wages, whether or not you were at fault. That is the trade-off at the heart of Georgia's system.
Whether a crash counts as "work" depends on the facts. Driving a delivery route, running an errand for your boss, or traveling between job sites usually looks different from an ordinary commute to and from the office. If you are not sure, report the crash to your employer anyway and get advice before you assume you are not covered.
The trade-off has a cost. Under O.C.G.A. § 34-9-11, comp benefits replace your right to sue your employer, and you generally cannot sue a coworker either. You can read the statute on Justia's Georgia Code page.
Why workers' comp is not the whole story
Comp is a no-fault benefit. It does not pay for everything a crash takes from you. In general, it does not pay for:
- Pain and suffering
- The full amount of the wages you lost
- Losses to your spouse or family
- Damage to your own personal car, if you were driving it
That gap is where a third-party claim comes in. The same statute that limits suits against your employer says you keep your right to sue a third party who caused your injury. In a work crash, that third party is often the other driver.
If you were hurt on the job and another driver caused it, call Gary Huggins at (240) 421-5511. He can look at both claims together so one doesn't undercut the other.
Who can be a third party after a work crash?
A third-party claim is against anyone other than your employer and your coworkers whose negligence helped cause the crash. Common examples in metro Atlanta:
- The other driver, through his or her liability insurance. Georgia is an at-fault state, so the at-fault driver's insurer pays injury claims.
- The other driver's employer, if that driver was working too. A box truck, a contractor's van or a tractor-trailer on I-85 near Spaghetti Junction may bring a company and its insurer into the case. See our page on Atlanta truck accident claims.
- A rideshare driver's insurer, if you were hit by an Uber or Lyft driver who was on the app.
- A maker of a defective part, in rarer cases where something like a brake or tire failure caused the crash.
Georgia's fault rules apply to the third-party claim the same way they apply to any car accident. Under O.C.G.A. § 51-12-33, you can recover only if you were less than 50% at fault, and your award is reduced by your share. Our post on Georgia's 50% fault rule explains how that works.
The comp lien: what happens to money from the other driver
Here is the part that surprises people. If your employer's comp insurer pays your medical bills and wage benefits, and you later recover from the at-fault driver, the comp insurer may claim a lien to be paid back out of that recovery.
Georgia limits that lien. Under O.C.G.A. § 34-9-11.1, the lien cannot be more than the comp benefits actually paid, and it applies only if you have been fully and completely compensated for all of your economic and noneconomic losses. Whether that standard is met is often disputed, and it can change how much of a settlement you keep.
The same statute gives your lawyer the right to a reasonable fee out of the recovery, and if the comp insurer hires its own lawyer, a court can split the fee between them.
Deadlines you can't afford to mix up
A car accident while working in Georgia runs on several clocks at once:
- Tell your employer within 30 days. Comp benefits are generally not payable without notice within 30 days of the accident, with narrow exceptions (O.C.G.A. § 34-9-80). Tell a supervisor the same day if you can, and put it in writing.
- File the comp claim within one year. A claim with the State Board of Workers' Compensation is generally due within one year of the injury. The period can run longer if your employer has paid for treatment or weekly benefits (O.C.G.A. § 34-9-82).
- Sue the other driver within two years. Most Georgia injury claims must be filed within two years of the crash (O.C.G.A. § 9-3-33). Our post on the Georgia car accident statute of limitations covers the details.
- Watch the one-year mark. If you haven't sued the other driver within one year of the injury, your employer or its comp insurer may bring that claim itself (O.C.G.A. § 34-9-11.1). You can join the case, but you lose some control over it.
If the vehicle that hit you belonged to a city, a county or MARTA, much shorter notice rules may apply. Read about ante litem notice for city and county claims and don't wait.
Not sure which deadline applies to you? Call (240) 421-5511 any time, day or night, and Gary will walk through the dates with you.
What to do after a crash on the job
The first steps are much like any crash. Our guide on what to do after a car accident in Atlanta covers them in detail. For a work crash, add these:
- Call 911 and get a police report. Dunwoody, Sandy Springs, Norcross and other city police, the county police or the Georgia State Patrol may work the crash, depending on where it happened.
- Report it to your supervisor right away, and keep a copy of anything you write.
- Get the other driver's insurance and employer information, and photograph any company name or DOT number on a commercial vehicle.
- See a doctor promptly. Your employer may have a posted panel of physicians for comp treatment; ask HR for it.
- Be careful with recorded statements. Both the comp insurer and the other driver's insurer may call. You don't have to give the other driver's insurer a recorded statement. Our post on recorded statements to adjusters explains why.
- Keep every pay stub, mileage log and medical bill. Both claims depend on them.
How Gary Huggins helps after a work-related crash
Gary D. Huggins is the attorney at Huggins Accident Injury Lawyer, and he handles injury claims against at-fault drivers and their insurers across metro Atlanta. He looks at how your comp benefits, the comp lien and the third-party claim fit together, so that a quick settlement on one side doesn't cost you on the other.
He can meet you at the office, by phone or video, or at your home or hospital room, and he speaks Spanish. There is no attorney's fee unless we recover compensation for you.
Talk to an Atlanta car accident lawyer about your work crash
If you were hurt in a car accident while working anywhere in metro Atlanta, from Perimeter Center to Peachtree Corners to Marietta, Gary can explain your options in plain words. The office is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, near I-285 and GA-400. Call (240) 421-5511, answered 24 hours a day, 7 days a week, or learn more on our Atlanta car accident lawyer page.
Free consultation. Call (240) 421-5511 any time, or send the form and Gary’s office will call you back.
Frequently asked questions
Can I sue my employer if I was hurt in a car accident at work in Georgia?
Usually not. Georgia's workers' compensation law makes comp benefits the employee's remedy against the employer, in place of a lawsuit (O.C.G.A. § 34-9-11). The same section also generally bars suing a coworker. What it does not take away is your right to sue a third party, such as another driver whose carelessness caused the crash, or that driver's employer if the driver was working too.
Can I get workers' comp and also sue the other driver?
Often, yes. The two claims are separate. Workers' comp can pay for medical treatment and part of your lost wages no matter who was at fault. A claim against the at-fault driver can seek the losses comp does not pay, such as pain and suffering. If you recover from the other driver, your employer's comp insurer may have a lien for benefits it paid, but Georgia allows that lien only if you have been fully and completely compensated (O.C.G.A. § 34-9-11.1).
How soon do I have to report a work car accident in Georgia?
Tell your employer right away. Georgia law says comp benefits are not payable unless notice of the accident is given within 30 days, with limited exceptions (O.C.G.A. § 34-9-80). A comp claim generally must be filed with the State Board of Workers' Compensation within one year of the injury, with longer periods in some situations where the employer has paid for treatment or weekly benefits (O.C.G.A. § 34-9-82).
How long do I have to sue the other driver after a work crash?
For most injury claims in Georgia, two years from the date of the crash (O.C.G.A. § 9-3-33). There is a twist for work crashes: if you have not filed suit within one year of the injury, your employer or its comp insurer may file the claim against the other driver itself (O.C.G.A. § 34-9-11.1). That is one reason to talk with an injury lawyer well before the two-year deadline.