You may have wondered — if you are injured on the job but you also have an auto injury at or around the same time, what are your legal options? It is more common than you might think. And the answer is not always straightforward. Let’s take a look at what happened to Sue who had a workers comp and auto accident at the same time!
Sue worked for a large real estate firm in Georgia. One afternoon, she slipped and fell at the office and injured her back. Her employer reported the injury, and Sue began receiving workers’ compensation benefits. She started physical therapy to treat her back, and things seemed to be moving in the right direction.
Then, about a week later, everything changed. While Sue was driving to her physical therapy appointment, another driver ran through an intersection and hit her car. The collision caused additional injuries and made her back significantly worse. Suddenly, Sue was not just dealing with a work injury. She was also dealing with a car accident that someone else caused.
Now Sue had questions. A lot of questions.
What Happens to Her Workers’ Comp Claim?
This is usually the first concern people in Sue’s situation have. The good news is that her workers’ compensation claim does not just disappear because she was in a car accident. Her original work injury is still covered. However, things do get more complicated when a second injury happens on top of an existing claim.
The workers’ comp insurance company may try to argue that Sue’s current condition is related to the car accident and not the original fall at work. This is one of the biggest challenges people face in this situation. The insurance company may look for any reason to reduce or deny benefits, and a second injury gives them an opening to point fingers elsewhere.
That is exactly why having the right legal representation matters.
Does Sue Also Have a Personal Injury Claim?
Yes. Because another driver caused the car accident, Sue likely has a personal injury claim against that driver in addition to her workers’ compensation claim. These are two separate claims with two different purposes.
Workers’ compensation covers medical treatment and a portion of lost wages regardless of who was at fault. It does not cover pain and suffering. A personal injury claim, on the other hand, allows Sue to pursue compensation for things workers’ comp does not pay for. That includes pain and suffering, full lost wages, and vehicle damage.
In Georgia, you are allowed to pursue both a workers’ comp claim and a personal injury claim at the same time. They do not cancel each other out. But they do interact with each other in ways that can get complicated fast.
What Is This “Combination Claim” and Why Does It Matter?
When someone like Sue has both a workers’ compensation claim and a personal injury claim stemming from injuries that overlap, it creates what is sometimes called a combination claim or a dual claim. The tricky part is figuring out which injury caused which problem, because both insurance companies are going to try to shift responsibility to the other.
The workers’ comp insurer may say the car accident caused most of Sue’s back problems. The at-fault driver’s auto insurance may argue that Sue’s back was already hurt from the fall at work. Meanwhile, Sue is stuck in the middle, dealing with real pain and real bills that need to be paid.
This is where an attorney who understands both workers’ compensation and personal injury law becomes essential. Not every attorney handles both. You want someone who knows how these two claims work together so that nothing falls through the cracks.
Sue’s Friend Was Right — She Needs a Lawyer
Sue’s friend told her she needed a lawyer, and that was solid advice. When you are dealing with a work injury and a car accident at the same time, there are deadlines, paperwork, and legal strategies that need to be handled correctly from the start. In Georgia, you have 30 days to report a work injury to your employer and one year to file a workers’ comp claim. For a personal injury claim, you generally have two years from the date of the accident.
Missing any of those deadlines could cost you everything.
What Should You Do If This Happens to You?
If you find yourself in a situation like Sue’s, here is what you need to keep in mind. Report both incidents right away. Make sure your employer knows about your original work injury and that the car accident happened while you were getting treatment for it. See your authorized treating physician and let them know about the new injuries from the car accident. Keep records of everything. And most importantly, talk to an attorney who handles both workers’ compensation and personal injury claims in Georgia.
You do not have to figure this out alone. At Ty Wilson Law, we handle combination claims involving work injuries and auto accidents every day. We understand how these cases overlap and we know how to protect your benefits while pursuing the full compensation you deserve.
Call us at 912-208-2992 or contact us here for a free case review.