Legal Question in Workers Comp in Georgia
work comp/auto accident?
if I go to the bank to make a company deposit at the request of my employer in my personal car (no company car available) and I am on company time, would it be considered workers comp if I am in an auto accident(not my fault)?
2 Answers from Attorneys
Re: work comp/auto accident?
Yes, under those circumstances in which you are traveling in your personal car to make a bank deposit for your employer, your injuries would be covered under workers' compensation. In addition, the injuries should be covered under workers' compensation even if the accident was your fault, instead of the other driver's.
If, however, during your trip to the bank, you stopped to run some personal errands, the injuries could potentially fall outside the scope of your employment. The specific facts and details are very important in these types of cases.
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Re: work comp/auto accident?
If you are on the clock, performing a duty for the benefit of your employer, you would be covered by worker's comp. I am assuming that your employer has more than 3 employees (another trigger for coverage).
You also have a claim, unrelated to the on-the-job injury, for damages in the car accident.
There are no "pain and suffering" damages available in comp, but you do have that recovery in your negligence claim against the other driver.