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I Was Injured In A Car Accident In Loganville, Georgia While On The Job. Can I Get Workers' Comp And Also Sue The At-Fault Driver?

Posted by Bartlett Benton | Apr 30, 2020 | 0 Comments

Were You Injured In A Car Accident In Loganville, Georgia While On The Job?

If so, you may be wondering if you can get workers' compensation as well as sue the at-fault driver.  The answer?  Yes, you can get both workers' compensation benefits and sue the at-fault driver for a separate settlement from the at-fault driver's insurance company.  

Please see below the different types of damages you be entitled to:

Workers' Compensation Benefits In Georgia

Georgia workers who are injured on the job may be entitled to authorized doctor bills, hospital bills, physical therapy, prescriptions, and necessary travel expenses.  If you were injured in a car accident in Loganville, Georgia while on the job, you may be entitled to have all of your resulting medical bills paid by workers' compensation.  

You also may be entitled to up to two-thirds of your average weekly wage, but not more than $675.00 per week, if your injuries caused you to no longer be able to work.  These lost income benefits can last for up to 400 weeks if you cannot work for that entire period of time.  There also is no limitation as to the number of weeks you may draw compensation for injuries that cause you to not be able to work permanently.  

Car Accident Damages In Georgia

There are three types of damages you may be entitled to as a result of your car accident: property damages, special damages, and general damages.  Please see below a breakdown for each type of damages.  

1-Property Damages

If your car or any of your belongings in the car at the time of the accident were damaged due to the accident, you have a claim for property damage.  There are a couple of ways to handle a property damage claim.  

One way is to request your own insurance to cover the property damage claim, as this type of damage is usually covered under your own policy.  Your own insurance can then later go after the at-fault driver's insurance to recoup what they paid. 

Another way to handle a property damage claim is to send a demand letter to the at-fault driver's insurance company requesting all repairs to your car be covered.  Insurance companies generally do not fight property damage claims as hard as they do bodily injury claims, so you may be able to recover for your property damage through the at-fault driver's insurance.  Before you submit any claims, make sure you have proper documentation for all property that was damaged.  

2-Special Damages 

Special damages are those that can be easily calculated, such as medical bills and lost wages.  If you are a car accident victim in Loganville, Georgia and have medical bills from the accident and had to miss work and a paycheck because of your injuries, you have a claim for your medical bills and lost wages.  

Make sure to document all of your missed days from work, your medical bills, and the paychecks you missed because of your injuries.   

3-General Damages

General damages are different from special damages in that they cannot be easily calculated like medical bills and lost wages.  General damages are damages such as pain and suffering.  Accident victims are entitled to both physical pain and suffering and mental pain and suffering. If you are a car accident victim in Loganville, Georgia and have suffered both physically and mentally due to the accident, you have a claim for pain and suffering.

Contact Bartlett Benton

If you were injured in a car accident in Loganville, Georgia while on the job and would like a free case evaluation, please call Bartlett at 770-365-6414.  

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