Car accidents often involve complex issues of liability involving different insurance policies. When one or more injured individuals is working at the time of a car accident, workers’ compensation laws may also come into play and could limit an individual’s recovery through other policies, as was the situation in a recent Georgia workers’ compensation case.
In that case, the plaintiff was in a car accident and suffered substantial injuries. Two cars were involved in the accident, and the plaintiff filed a lawsuit against the other vehicle’s driver. The other driver was underinsured, and the other driver’s insurance paid him only $25,000 in a settlement. The plaintiff was working at the time of the accident and also received workers’ compensation benefits of $197,966.55 for his injuries. Yet the plaintiff’s workers’ compensation provided him with a weekly amount that was less than his weekly income at the time of the accident, and he therefore accumulated $183,022.38 in lost wages. The plaintiff also did not receive compensation for pain and suffering or for future medical expenses.
However, the plaintiff’s insurance provided uninsured motorist (UM) insurance coverage to the plaintiff, and he sought additional compensation through his UM coverage. His policy provided a total limit of $100,000 in UM benefits. The policy also had a provision that stated that the limit would be reduced by any money paid under the workers’ compensation law.