Legal Question in Workers Comp in Georgia

I work for a large company and use my personal vehicle to visit customers for repairs. While on the job I had a serious auto accident where I was ticketed and at fault. I carry only liability insurance on this vehicle. My company requires me to work excessive overtime while being "On Call". I had been up working most of the night on the morning of my accident. The company will take care of me wit Workers Compensation. However, I think that the accident was due to a reduction of alertness and capacity because I was exhausted. Less than 3 hours prior to the accident I had notified my employer that I had been working all night and was exhausted.

Question: Do I have case against my employer for forcing me to work excessive hours and inadvertently the cause of my accident?

Asked on 4/15/12, 5:14 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It was your choice to not carry enough insurance and it was your decision to drive. This is not a case like where a bartender keeps serving a drunk person before driving. No one here knows what caused the accident since you chose only to tell us you "think" it was because you were tired. Even in the unlikely event you had a case, what are your damages? Presumably, a truck not worth enough to insure? Since you'd likely lose your job the second you sued them (actually, the second they found out you were even considering it), and then public records would let future potential employers know you sued your last employer, does it seem worth it? If yes, see a lawyer to review all of the facts.

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Answered on 4/18/12, 6:11 am

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