Many people are involved in auto accidents while they are working for their employer. These auto accidents can result in serious injuries including head and neck injuries, spinal cord injuries and even fatalities. If an employee is injured while driving a company vehicle, the employee in Georgia in most circumstances must seek compensation for his or her injuries against their employer under the State’s workers’ compensation system.
This assumes that an employee’s injuries occurred while in the course and scope of employment. Basically, this means that you were engaged in some activity while driving that benefited your employer, such as running a work errand. A claim for injuries against one’s employer for workers’ compensation benefits does not require a showing of fault but also provides more limited damages than a personal injury lawsuit. Workers’ compensation will not typically provide damages for pain and suffering, emotional distress or loss of consortium (loss of companionship or services to a spouse or sometimes child).
If you are involved in a motor vehicle accident while driving a company vehicle, the attorneys at Montlick and Associates, Attorneys at Law, may be able to help you file a claim for personal injuries against a third party that will provide compensation in addition to your workers’ compensation claim. We will carefully investigate the facts of your work related auto accident to determine if there are responsible parties, other than your employer, who are at fault in your Georgia auto accident. Other potential responsible parties may include:
- The Other Driver: The other driver may have been at fault in the accident. The workers’ compensation system is only an exclusive remedy against your employer, but does not shield the other driver from liability. We will examine the facts and circumstances surrounding your motor vehicle accident, the police report and other relevant information to determine if you have grounds for a lawsuit against another driver involved in your motor vehicle accident.
- Maintenance Company: Often an employer maintains a maintenance contract with a company to perform repair and maintenance work on company vehicles. If the company vehicle was inadequately maintained which contributed to your accident, the maintenance company may be liable for your injuries.
- Car or Part Manufacturer: If your car accident in the company vehicle was a result of a defect in the automobile itself or its component parts, the manufacturer or retailer of the car or component part may be responsible for your injuries.
- Government Entity: Government entities have a duty to design and maintain safe roadways. If the government designed an unsafe roadway and should have known that the road was unsafe, the government may be responsible for your injuries.
The bottom line is that an employee certainly has a right to compensation for one’s injuries if the employee is involved in a motor vehicle accident in a company vehicle. At the very least, the employee can seek compensation for one’s medical bills and disability against one’s employer, in most circumstances, by filing a workers’ compensation claim. In many instances, an employee involved in a car accident in a company vehicle will also be able to file a personal injury lawsuit against other parties who were responsible for the accident. At Montlick and Associates, Attorneys at Law, we will carefully investigate to ensure that you know all your options.
Call Montlick Injury Attorneys today to see how we can help. Our experienced auto accident attorneys are available to assist.