On Wednesday, May 13, 2015 a freight train collided with a MARTA bus after a safety mechanism at the railroad crossing malfunctioned. Authorities are investigating as to what caused this.
5 passengers were injured as well as the MARTA driver. All were taken to Atlanta Medical Center for treatment. One passenger was reported to have a severe head injury but others have been reported to have minor injuries.
In the state of Georgia, you could have both a workers compensation case and a personal injury case if you were injured in a motor vehicle accident while performing your job duties. With workers’ compensation, fault does not come into play. In exchange for the security of your workers’ compensation benefits, you cannot sue your employer.
With a personal injury lawsuit, on the other hand, you will have the burden of proof to show that a third party was somehow negligent and that the negligence was the cause of your injury. You'll need to present evidence to establish the elements of your claim. In this case, the driver of the MARTA bus could potentially be entitled to both workers' compensation benefits and could be entitled to recovery of damages through the motor vehicle accident.
You can file a workers’ compensation and a third party personal injury claim simultaneously.
In 2013, transportation incidents characterized 24 out of 70 total fatal workplace incidents in the state of Georgia, according to the Bureau of Labor Statistics. In addition to fatal injuries, transportation incidents can result in head injuries, broken bone injuries, spinal cord injuries, back injuries, internal injuries and facial injuries.
If you’re ready to file your claim for damages, don’t wait any longer to take action. You have two years from the date of injury to file your claim for damages, per Georgia Code Section 9-3-33. At Bader Law Firm, LLC, our attorneys are ready to advise you on whether or not you have a third-party liability claim for damages (or whether should file your claim under workers’ compensation insurance), how to file your claim, and what benefits you may be awarded as a result. To meet with our legal team at your earliest convenience, schedule your consultation now by calling 404-888-8888.