If your car accident occurred while you were on the job, you may not be able to recover damages, because your exclusive remedy may be workers’ compensation benefits. In a recent Georgia car accident case, a plaintiff was injured and sued his employers and two individuals. He claimed the employers, for whom he worked as an airport shuttle driver and maintenance worker, were negligent in not letting him get medical care or insurance coverage. He argued that this delay exacerbated his injuries. The employer filed for a dismissal or, in the alternative, summary judgment. It argued that workers’ compensation was the plaintiff’s exclusive remedy. The lower court didn’t address the argument about exclusive remedy, but denied the motion to dismiss.
The case arose when the plaintiff’s car, owned by his employer, was reportedly struck by a car owned and driven by the individual defendants. The plaintiff was driving a car owned by his employer. When he sued, he claimed the employer was negligent in failing to give him access to medical insurance coverage, and this failure exacerbated his injuries and caused him to experience multiple strokes.
The employer answered and admitted the plaintiff was an employee, but then moved to dismiss the claims on the grounds that workers’ compensation was his exclusive remedy. The prior lawsuit he’d filed in 2015 against the employer had alleged an injury in the course of his employment. In interrogatories, he’d claimed he got into an accident when he was going back to work after picking up parts.