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Preserving Evidence for a Car Accident During Work

Atlanta Workers’ Comp Attorney Offers Guidance

Video Transcript:

Rob Rosenthal:

Should you preserve evidence after a car accident at work? We ask Atlanta attorney Sarah Stottlemyer in this AskTheLawyers™ Quick Question.

Sarah Stottlemyer:

Absolutely, especially if you're also trying a third party claim for a motor vehicle accident. So if you're hit from behind, say you're driving for your employer and you get rear-ended and it's clearly not your fault, the other party's ticketed—and you would also have, again, like I said earlier, the third party liability claim against that driver—however, you would want to get a workers’ comp insurance company involved as quickly as possible if it was in the course and scope of your employment. Most of the time when you have a third party liability case, you are treating on a lien until the settlement of your case comes through. If you have a workers’ compensation claim, then you end up getting that medical treatment paid for under workers’ comp, so that many won't come out of your settlement for your PI claim. So it's very important if you have two claims, that you start immediately on your workers’ comp claim so you can start getting that medical treatment already paid for.

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