Workers’ Compensation vs. Personal Injury Law
February 7, 2012
Just yesterday, we finalized the settlement of a personal injury lawsuit for $50,000.00 on behalf of a worker who was injured on the job when his car was struck while he was making a left turn. This case presents a typical situation where a person is involved in a car wreck while on the clock with his or her job. In this situation, our client not only had a workers compensation claim for the injuries he received, but also a “third party” personal injury claim against the other driver.
While unique, it is not uncommon for a person to have both a personal injury claim and a claim for workers’ compensation arising out of the same set of circumstances. Georgia personal injury law allows a person to pursue both a claim for personal injuries and workers compensation at the same time. If this is your situation, you need an experienced Atlanta car accident attorney who understands the interplay between workers compensation and personal injury so as to maximize the amount of your Atlanta personal injury settlement. Our case arose from a car wreck that occurred when a city employee was on the job working as a meter reader. As he was preparing to make a left turn into a private drive, another driver behind him attempted to pass him on the left. As he was making his left turn, the front of the other driver’s car struck the driver’s side of his city vehicle. The police were summoned to the scene of the crash and after an nvestigation, the police were unable to determine who was at fault as both drivers provided competing accounts of the crash.
Through our investigation, we determined that the other driver was clearly at fault (despite the insurance company’s assertions to the contrary). Although we tried to settle the matter out of court, the auto insurance company denied our client’s claim and we immediately filed a lawsuit against the other party. During the course of litigation we were able to determine that the other driver was likely using her cell phone at the time of the wreck. This information, coupled with the results of our initial investigation, finally convinced the insurance company to settle this case for $50,000.00. In addition to the settlement of the personal injury claim, our client still has an active worker’s compensation claim for his injuries.
If you or anyone you know has been involved in an accident, please contact us today so that we can protect your rights and make sure that you receive the compensation that you deserve.
