Legal Question in Personal Injury in Georgia

Re: Fatality while on way to work

It depends. We would need to learn all the facts before we could undertake a thorough legal analysis and provide you with an opinion. However, generally if the deceased was killed while traveling to and from work and his/her home, worker's compensation coverage is not applicable. If the deceased was on his way to a business meeting away from his usual place of business or running errands for his employer, then the situation changes and worker's compensation coverage may in fact come into the picture.

Of course, there may be third parties with liability exposure for all sorts of reasons (i.e., street sign was covered by tree limbs; road contained a hazardous condition that was known or should have been known by the appropriate governmental agencies or private entity/developer; defective mechanical problem with the vehicle that the manufacturer or the service station that serviced the vehicle should have fixed or warned the decedent about, etc.).

You need to speak in more detail to a Florida lawyer to determine whether the decedent's family has a viable lawsuit against one or several parties with liability exposure. My firm represents individuals and families in all state courts throughout the entire state of Florida, and has a network of lawyers in every corner of the state prepared to protect clients' interests. If you are interested in learning more about your rights, please feel free to contact me at 305-445-0937.

Regards,

Peter A. Gonzalez, Esq.

Re: Fatality while on way to work

Well, this appears to be in FLA so you may need to talk to a FLA atty. Generally, no claim may be filed against an employer if the employee is at work and is killed (gross neg. by the employer excepted). As to third parties, in Ga the employee may sue the third party. The employer gets to reclaim some of its medical payments made up to a point (its a complex issue under chapter 34 of the OCGA and still not completely settled in the GA court system). And you asked whether there is some form of (what would amount to) statutory life insurance simply because an employee was killed on the way to work (and had no private or employer life insurance)? Not that I am aware of. Not in Georgia. Prob. not in Fla. Hugh Wood

Re: Fatality while on way to work

While I am not licensed in FL (licensed in GA), I can give you some very general information on the situation you have outlined.

Generally, an employer is not liable under work comp for injuries suffered traveling to and from work. However there are some exceptions if the employee was involved in company business on his way to or from work (i.e. running business related errand etc.)

You have not described the details of the auto accident, so I can't address possible liability against a third party (i.e. the other driver, DOT etc.), but that is something to take a look at.

Check deceased person's auto insurance, there maybe some small amount of medical payment and/or death benefits under the policy. Otherwise, to my knowledge there is no statutory life insurance benefit. You may also want to verify with the employer that there was not any employee life insurance benefit.

You should also check with an attorney licensed in FL as all of my responses are generally based on GA law.