Can an Auto Accident Lawsuit in Georgia “Top Up” Workers’ Comp?
If you were involved in a Georgia auto accident while driving your work vehicle, an auto accident lawsuit can “top up” workers’ comp. By filing a lawsuit in addition to a workers’ comp claim, you can recover more compensation for lost income. You may also receive additional compensation for your non-economic (psychological) damages. Contact an experienced Georgia auto accident lawyer for more information.
Crashes Between Work Vehicles Are Common in Georgia
Work vehicles are constantly on the road in Georgia, and crashes between these vehicles are exceedingly common. On September 16th, 2026, WSB-TV reported that an Amazon driver had veered onto the right shoulder of I-95 while approaching a parked work truck. The Amazon delivery vehicle then struck the work truck. Two workers were outside their vehicle loading equipment when the accident occurred, and they died in the collision.
Why a Car Accident Lawsuit Often Makes Sense After a Work-Related Crash
Many workers incorrectly assume that a workers’ comp claim is their only form of available compensation after an accident. While this might be true in many brick-and-mortar workplaces, a work-related car accident opens up new legal possibilities. In this situation, it may be possible to file a car accident lawsuit and recover additional compensation through workers’ comp. This may be possible even if you were partially to blame for your own crash.
You might think that this constitutes an unethical form of “double-dipping.” However, you should know that workers’ comp benefits are relatively limited. While a claim should cover 100 percent of your necessary medical bills, it only covers two-thirds of your missed income. It also completely fails to cover any of your non-economic (psychological) damages.
An additional auto accident lawsuit allows you to fill these gaps. That said, your own level of fault may reduce your total compensation. For example, you might have been 49 percent at fault for your accident. In this situation, you would only receive 51 percent of your normal compensation with a successful lawsuit.
If you also file a successful workers’ comp claim, this 49 percent loss doesn’t matter as much. Since workers’ comp is already covering 100 percent of your medical bills and two-thirds of your lost income, an additional 51 percent settlement or verdict should easily “top up” your workers’ comp benefits and fill any gaps. You may also receive compensation for PTSD, depression, disfigurement, and loss of enjoyment of life.
Will Workers’ Comp Claw Back My Auto Accident Settlement?
Georgia’s “Made Whole” doctrine makes it virtually impossible for workers’ comp to claw back any of your auto accident settlement or verdict. The only way they can do this is if they prove you received full compensation for all of your losses. Since work-related accidents often involve partial fault for both parties, this is usually an impossible goal.
Can a Georgia Auto Accident Lawyer Help Me?
A Georgia auto accident lawyer may be able to help after a car crash on the job. Many employees fail to maximize their compensation in this scenario, particularly if they rely entirely on workers’ comp. An auto accident lawsuit may also be possible, and combining the two strategies may help you recover from your injuries without worrying about lost wages. Contact Morain & Buckelew, LLC at (404) 448-3146 to learn more about your next steps.
Source:
wsbtv.com/news/local/amazon-truck-kills-2-workers-side-georgia-interstate/ZO2QCIYKNRDV3GXLT6UMNE5YMU/