A Wreck on the Clock Can Mean Two Claims, Not One
You were driving a delivery route, heading to a job site, or hauling a load on I-75 when someone ran a light or drifted into your lane. Now you’re hurt, your truck is totaled, and you’re getting calls from two insurance companies.
Most people assume workers’ comp is the only option. Often it isn’t. When another driver caused the crash, you may have a workers’ comp claim and a separate personal injury claim. Sessions & Fleischman handles both.
Two Claims, Two Different Jobs
Workers’ comp pays no matter who caused the wreck, even if it was your fault. It covers authorized medical care and two-thirds of your average weekly wage while you can’t work, up to $800 a week for injuries on or after July 1, 2023. It doesn’t pay pain and suffering.
A third-party injury claim is against the at-fault driver and anyone responsible for them, like their employer. It can recover full lost wages, future earning loss, pain and suffering, and other damages comp doesn’t cover. You have to prove the other driver was at fault.
Comp gets money flowing fast. The injury claim can make you whole. You usually want both.
Who’s Covered When Driving for Work
If driving is part of the job, a crash during work is generally covered. That includes:
- Truck drivers, both long-haul and local
- Delivery drivers and couriers
- Sales reps driving between customers
- Home health aides and nurses driving between patients
- Service technicians, installers, and utility crews
- Employees running errands at the employer’s direction, such as a supply run or bank deposit
Commuting is different. Under Georgia’s general rule, the normal drive to and from work isn’t covered. But there are exceptions, including some employer-provided vehicles or paid travel, special errands for the employer, and travel between job sites. Whether your trip counts depends on the details, so don’t assume you’re out.
The Comp Lien and Georgia’s Made-Whole Rule
When you recover from the at-fault driver, the comp insurer will often claim it should be paid back for what it spent. That’s a subrogation lien, governed by O.C.G.A. § 34-9-11.1.
Georgia’s rule protects injured workers more than many states do:
- The lien is limited to benefits the comp insurer actually paid.
- The insurer generally can’t collect unless you’ve been fully and completely compensated for all your losses, economic and non-economic, counting both comp and the injury recovery.
- The insurer bears the burden of proving you were made whole.
- The insurer may intervene in your injury case to protect its lien. If you don’t file suit within a year of the injury, the insurer may be able to bring the claim itself.
How a settlement is structured and documented can decide whether a lien gets paid. That’s why one firm handling both claims matters.
When the At-Fault Driver Has No Insurance
Plenty of drivers on Georgia roads carry little or no insurance. That’s where uninsured/underinsured motorist (UM) coverage comes in, and in a work crash, more than one policy may be in play.
- Your employer’s policy. The commercial policy on the vehicle may include UM, or the company may have rejected it in writing. We get the policy and check.
- Your own policy. Your personal auto policy, or a household member’s, may cover you even when you’re in a company vehicle. Georgia courts have sometimes put a personal policy ahead of an employer’s commercial policy.
- Order and amounts. Which policy pays first and how much depends on the policy language. Don’t assume there’s no coverage until a lawyer has read all of them.
Commercial Trucks and the Evidence That Disappears
If you were hit by a tractor-trailer, or you were driving one, the evidence is technical and it goes away fast.
- Engine control module (ECM) data showing speed, braking, and throttle before impact.
- Electronic logging device (ELD) records showing hours of service and possible fatigue violations.
- Dashcam and forward-facing camera video.
- Driver qualification files, drug and alcohol testing, and maintenance records.
- Nearby business and traffic camera footage, which is often overwritten within days.
We send preservation letters quickly so the trucking company and others are on notice not to destroy evidence. Federal safety rules for commercial carriers can also help prove fault. See our truck accident page.
The I-75 and I-16 corridors through Middle Georgia, including the interchange in Macon, see heavy freight traffic and work-zone congestion. We know these roads.
Drug Tests, Blame, and Accusations
After a work crash, employers often order a drug test. A positive result gives the employer a presumption against your comp claim under O.C.G.A. § 34-9-17, but that presumption can be rebutted and the test must follow legal requirements.
If you got a traffic ticket or are facing charges from the crash, that can affect both claims. Our firm also practices criminal defense, so we can advise you on the citation and the injury claims together.
Serious Injuries and Fatal Crashes
Highway crashes cause some of the worst workplace injuries: spinal cord damage, brain injuries, amputations. These may qualify for catastrophic designation and extended comp benefits. When a worker is killed, the family may have both comp death benefits and a wrongful death claim against the at-fault driver.
What to Do After a Work Crash
- Call 911 and get checked out. Adrenaline hides injuries. Go to the ER or urgent care that day if you can.
- Report the crash to your employer right away, and follow up in writing. The 30-day notice rule (O.C.G.A. § 34-9-80) applies.
- Get the police report number, the other driver’s insurance, and names of witnesses.
- Take photos of the vehicles, the road, skid marks, signals, and your injuries.
- Don’t give recorded statements to the other driver’s insurer or your comp insurer before talking to a lawyer.
- Don’t sign a release. Settling with the other driver’s insurer on your own can hurt your comp claim and the lien issues that come with it.
How We Handle Both Claims Together
When one firm runs both cases, it’s easier to keep the two from working against each other. We open the comp claim so medical care and weekly checks start, and at the same time we investigate the crash, preserve evidence, and notify every insurer that may owe coverage.
As treatment goes on, the comp file builds the medical record the injury case needs. When it’s time to resolve the third-party claim, we look at the comp lien, the made-whole rule, future medical needs, and how a comp settlement fits in. The goal is a result where the pieces work together rather than against each other.
Work Crash Workers’ Comp Questions
Can I sue my employer if I was in the company truck?
Usually not. Comp is generally your only remedy against your employer. But you can pursue the at-fault driver and other outside parties.
The crash was partly my fault. Can I still get comp?
Generally yes. Comp doesn’t depend on fault. Your share of fault can affect the third-party claim, though.
Should I talk to the other driver’s insurance company?
Not before talking to a lawyer. Recorded statements are used to reduce claims.
Will the comp insurer take my whole settlement?
Not necessarily. Georgia’s made-whole rule often limits or defeats the lien. How the case is handled matters.
I was commuting. Is that covered?
Usually not, but exceptions exist for employer-provided transportation, special errands, and some travel. Ask us.
How much does it cost?
Nothing up front. Comp fees are capped at 25% and Board-approved (O.C.G.A. § 34-9-108). Injury cases are handled on a contingency fee.
Talk to Us About Your Work Crash
Sessions & Fleischman, LLC, 544 Mulberry Street, Suite 319, Macon, GA 31201 · (478) 254-2665. We also have offices in Milledgeville and Atlanta.
Macon truck accident lawyer · Macon car accident lawyer · Macon workers’ comp lawyer
No fee unless we recover for you. Free consultation. Call (478) 254-2665.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
