It is important to hire a car accident lawyer any time a car wreck occurs, especially in the event one occurs on the job. A personal injury lawyer will be able to determine which is the best route to take when one is involved in a car wreck while on the clock, whether it be a Worker’s Compensation or a Personal Injury claim.
Requirements and exemptions for legal claims vary by state. In the state of Georgia, a Worker’s Compensation claim is a “No Fault” case. This means that your accident lawyer will not need to prove that someone else caused your injuries, only that the injuries were incurred through an accident that took place in the course of your employment. An important exemption regarding Worker’s Compensation claims in Georgia, the ‘Going and Coming’ rule, prevents employers from having to pay a Worker’s Compensation claim if the accident occurred during your commute (that is, either going home from or coming to work). However, a car accident lawyer will be able to help one acquire Worker’s Compensation from the employer in the event a car accident occurs while traveling for a work-related reason other than one’s commute. This might include running an errand for the employer, driving another employee for a business reason, making a delivery, or traveling from one worksite to another. Your personal injury lawyer will be able to work through the details of your case to determine eligibility.
Perhaps your injury claim does not qualify for Worker’s Compensation. Another option that an accident lawyer might have would be to file a Personal Injury claim. This type of claim is brought against a negligent party which means, unlike the ‘No Fault’ Worker’s Compensation claim, your accident lawyer must prove fault through an individual’s negligence while driving, such as running a red light/stop sign or texting while driving. If the at-fault party is not your employer or a co-worker, personal injury claim benefits can include Worker’s Compensation benefits, such as financial compensation for medical bills related to the accident, or income benefits if you are unable to work or required to work a job that pays less. This is one exception under the exclusive remedy rule in Georgia.
Handling the ins and outs of any legal claim can be overwhelming for those who are not versed in car accident or personal injury law. It is always a good idea to hire an accident lawyer if a car accident occurs, especially if you are injured in the process. If you are traveling while on the clock and are involved in an accident, it is possible for your personal injury lawyer to have your employer compensate you through filing a Worker’s Compensation claim. Our knowledgeable and experienced team here at Dyal Jenkins provides specialized legal advice pertaining to personal injury. With offices in Atlanta and Elberton, the accident lawyers at Dyal Jenkins can aid you in all your legal needs and will ensure that your case gets the attention and effort it requires. Make the first call the right call…Dyal Jenkins
