Workplace Vehicle Accidents in Georgia: Third-Party Claims for On-the-Job Crashes

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A worker hurt in a crash on the job in Georgia can receive workers’ compensation benefits through the employer and can also sue a third party who caused the crash. Workers’ compensation is the exclusive remedy against the employer and pays benefits set by statute; the two recoveries meet at the employer’s or insurer’s subrogation lien.

What Workers’ Compensation Pays

While the disability to work is temporarily total, the employer pays “a weekly benefit equal to two-thirds of the employee’s average weekly wage but not more than $800.00 per week nor less than $50.00 per week,” for “a maximum period of 400 weeks from the date of injury,” with a longer period for a catastrophic injury (OCGA 34-9-261). For injuries on or after July 1, 2013, that are not designated catastrophic, the employer furnishes medical, surgical, and hospital care prescribed by a licensed physician “for a maximum period of 400 weeks from the date of injury” (OCGA 34-9-200(a)(2)).

The Exclusive Remedy Against the Employer

The chapter’s rights and remedies replace all other rights and remedies of the employee and of the employee’s personal representative, parents, dependents, or next of kin, together with all other civil liabilities at common law or otherwise, on account of the injury, loss of service, or death (OCGA 34-9-11(a)). The same subsection preserves the employee’s action against a third-party tort-feasor, other than an employee of the same employer and the other persons it names.

The Third-Party Action

When a compensable injury or death happens under circumstances that make someone other than the employer legally liable, the injured employee, or those who inherit the employee’s right of action, may sue that person in a court with jurisdiction, except where OCGA 34-9-11 or other law bars the claim (OCGA 34-9-11.1(a)). In a crash, that other person can be the driver of another vehicle.

The Subrogation Lien

Once the employer or its insurer has paid all or part of its liability, it holds a subrogation lien against the third-party recovery, capped at the compensation it actually paid (OCGA 34-9-11.1(b)). The lien reaches only the disability benefits, death benefits, and medical expenses paid under the chapter, and it can be collected only after the employee has been made whole, meaning compensated in full for every economic and noneconomic loss once the benefits and the third-party recovery are added together. The employer or insurer may join the lawsuit to protect and enforce the lien.

Frequently Asked Questions

How long does a worker have to file a workers’ compensation claim?
One year from the injury, with later deadlines where weekly benefits have been paid or remedial treatment furnished; a claim not filed in time is barred (OCGA 34-9-82(a)).

What if the worker does not sue the third party within a year?
Once a year passes from the injury without a suit by the employee, the employer or its insurer may choose to bring the employee’s tort claim, in its own name or the employee’s, and the employee keeps a right to intervene (OCGA 34-9-11.1(c)).

Who pays the worker’s attorney when there is a lien?
The employee’s attorney is entitled to a reasonable fee, shared with any attorney the employer or insurer hired in proportion to the work each did (OCGA 34-9-11.1(d)).

Does a catastrophic injury change how long income benefits last?
Yes. For a catastrophic injury as the Code defines it, the weekly benefit continues “until such time as the employee undergoes a change in condition for the better” (OCGA 34-9-261).

  • OCGA 34-9-261; OCGA 34-9-200(a)(2); OCGA 34-9-82(a)
  • OCGA 34-9-11(a)
  • OCGA 34-9-11.1(a), (b), (c), (d)

Disclaimer

This article provides general information about the Georgia statutes that bear on third-party claims after an on-the-job crash. It is not legal advice and does not create an attorney-client relationship. The rights of an injured worker depend on the facts, the benefits paid, and strict deadlines in both systems. Anyone injured in a crash while working should consult a licensed Georgia attorney promptly about the particular situation.

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