Do County Workers Need a Car Accident Lawyer After Being Hit by Another Driver in Georgia?
If workers’ comp is already paying my bills, why would I need to sue the at-fault driver?
Because workers’ comp only covers medical bills and a portion of lost wages. Workers’ comp does not pay for pain and suffering, full lost wages, or loss of consortium. Georgia law under O.C.G.A. § 34-9-11.1 specifically allows you to pursue a third-party claim against the negligent driver at the same time.
The other driver was uninsured. Is a lawyer still worth it?
Yes. UM/UIM coverage under O.C.G.A. § 33-7-11 can apply through the county vehicle’s commercial auto policy and your personal policy, and a lawyer can help you stack those coverages and protect your UM recovery from the workers’ comp lien.
What if the at-fault driver fled the scene?
A hit-and-run driver is treated as a “John Doe” uninsured motorist under O.C.G.A. § 33-7-11(c), but you must report the accident to your insurer and law enforcement immediately or you can lose your UM benefits entirely. This is one of the most common ways county workers accidentally wreck their own claims.
Can the workers’ comp insurer take my entire settlement from the at-fault driver?
Usually no. Under O.C.G.A. § 34-9-11.1 the lien is only enforceable if you’ve been “fully and completely compensated,” and any UM/UIM benefits you recover are completely protected from the lien under Georgia law. This is an important reason to have an attorney handle your case.
