How Your Insurance Is Affected by a Workplace Accident
In the event that you are involved in an accident that results in damages or injuries, the person who was injured can typically file a claim for personal injury against the person or entity that was at fault for the accident.
In the event that an accident results in damages, the party that was injured may pursue a personal injury claim against the party that was at fault for the accident. But what if it were to take place at your place of employment?
If you were hurt while performing your job responsibilities, the procedure for obtaining insurance will be a little bit different. Let’s go over the ways in which an accident at work can affect your insurance, as well as how to file a claim.
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When the Accident Happens in a Company Vehicle
If you are involved in an accident while driving a company car or truck for work, and you are found to be at fault for the collision, your employer’s insurance policy should pay for the damages.
This type of liability is referred to as vicarious liability. It is a legal concept that refers to holding an employer responsible for the negligent acts of their workforce. An accident victim has the legal right to sue your employer for damages instead of suing you in the event of vicarious liability. You won’t have to worry about getting involved in a legal battle, thanks to the insurance. The vast majority of companies operating in Georgia have protection from vicarious liability.
If you are involved in an accident while you are working for your employer, your employer is required to notify their insurance company about the incident. If the employer’s insurance covers the damage, you won’t need to notify your auto insurance provider about the accident because it will be covered. The accident may end up appearing on your driving record if the officer who responded to the scene wrote an accident report and included your information in it. Furthermore, if you switch to a new insurance policy within three years of the incident, it may show up on your record and affect the rates of the new policy.
When the Accident Occurs in a Personal Vehicle
When an accident takes place while you are in your vehicle, the lines between who is at fault and who does not become blurry. Suppose you cause an accident while driving your vehicle while on the job; you should be held responsible for it under the theory of vicarious liability. Nevertheless, your employer will continue to be liable for any damages that occur. Even if you are performing work-related responsibilities away from the office, this may still apply to you.
Situations Where Your Insurance Could Apply
There are some situations in which an employer is not liable for the damages caused by an accident, and as a result, it is up to your insurance policy to cover the costs. One scenario in which your insurance policy might hold you liable is the following:
- Take a break in the middle of your work responsibilities to take care of some personal business
- You went beyond the bounds of your job description and responsibilities
- Are not currently on the clock or are in transit to or from work
- You are a driver for Uber or Lyft, but you do not currently have a passenger in your vehicle
- At the time of the accident, violated the rules of the company or were acting recklessly
In these kinds of circumstances, your employer’s insurance policy might still be held liable if the company fails to adequately screen, train, and supervise its workers. It is in your best interest to get in touch with a personal injury lawyer if your employer accuses you of being responsible for damages that occurred during your workday. They are able to assist you in organizing the specifics and ensuring that the claims comply with the law.
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Injury Coverage After a Work Accident
The incidents described above are all examples of accidents that result in injuries to third parties. But what happens if you get hurt at work because of a mistake or an accident?
A workers’ compensation claim could be filed on your behalf if you were hurt on the job, whether it was as a result of being struck by a piece of machinery or while operating a motor vehicle in the course of your duties. You must sustain a physical injury while performing the duties of your job in order to be eligible for workers’ compensation insurance.
Suppose an employer has three or more workers, including the owner of the company. In that case, they are required by law to carry a workers’ compensation policy in order to comply with Georgia’s workers’ compensation law.
After a Work Accident, File a Workers’ Compensation Claim
The majority of the time, if you have an accident at work, the workman’s comp policy that your employer provides should cover the costs of the damages. In the event that an employee sustains an injury while performing their job duties, workers’ compensation insurance can help them recover financially. It safeguards the owners of businesses against costly damages and guarantees that employees who sustain injuries will be compensated fairly for their suffering.
Workers’ compensation in Georgia covers damages such as the following:
- Expenses incurred for trips to the doctor and any treatment related to your injuries
- Medications available only by prescription
- Rehabilitative exercise or physical therapy.
- Benefits for those who are temporarily or permanently disabled
- Transportation to and from prescribed medical visits
The process of submitting a claim for workers’ compensation can be difficult. Contact a workers’ compensation attorney to discuss the particulars of your case if you were involved in an accident while you were performing your job duties and are unsure how to proceed.
Georgia Workers’ Compensation Statute of Limitations
In the state of Georgia, the statute of limitations for filing a claim for workers’ compensation is one year from the date of the accident. This is in contrast to the statute of limitations that applies to other types of personal injury claims, which is two years. Please consult with a Georgia workers’ compensation attorney before submitting your claim to ensure that it is done on time. Our legal professionals are well-versed in the laws of Georgia and will quickly take care of your claim because of this knowledge.
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