AUTO ACCIDENTS / WORKERS COMPENSATION

AUTO ACCIDENTS
Even the BEST drivers are subject to automobile accidents. Therefore, we should all know what steps to take immediately following an accident to protect the life, limb, property and legal rights of those involved. Doing the right thing, in the right way, at the right time may save a life; it will always minimize, and often avoid, legal problems.
Here are the steps you should take if you are involved in an accident with another vehicle or a pedestrian:

STOP YOUR CAR
Never leave the scene of an accident in which you or your car were involved. No matter how slight the collision, if you fail to stop you may subject yourself to criminal prosecution, even though the accident was not your fault. Stop you car as soon as possible without further endangering any person or property, and without obstructing traffic. Do whatever is necessary to warn oncoming traffic in order to prevent further accidents. If possible, station someone in position to warn approaching vehicles. At night, use flares or reflectors or your flashlight, if available.

GIVE AID TO THE INJURED
If any person has been hurt, call a doctor or an ambulance, or both. Until help comes, do all you can to help the injured, but be careful. Unless you are proficient at rendering first aid, don't try it. You may make matters worse instead of better. For example, moving an injured person may aggravate the injury.

CALL THE POLICE
Policemen are trained to handle any situation that may result from or arise after an accident. If you are involved in an accident, even though you are not physically injured, you may suffer from shock and excitement which makes it difficult for your to think clearly at the time. Let the policeman take over when he arrives. He will handle any emergency and investigate the accident. His report of investigation may be helpful to you later if you are sued, or if you decide to sue someone else.
If the accident occurs within the limits of a city, village or town, call the municipal police. If it occurs on the open highway, call the nearest State Police Station or the County Sheriff's office.

THE LAW REQUIRES INFORMATION
The motor vehicle law of Illinois requires the driver of any vehicle involved in an accident to give his name, address and the license number of the vehicle he is driving to the other party. If it is requested, the driver must exhibit his driver's license. Leaving the scene of an accident without furnishing such information may subject you to criminal prosecution.

If you collide with a vehicle which is unattended, the law requires you to locate the operator or owner of the vehicle and tell him your name and address. If you cannot locate the owner, leave a written message stating your name and address and the circumstances of the collision in a conspicuous place or in the unattended vehicle.

The best policy is to give no more information than the law requires. Do not comment on the cause of the accident, and do not admit fault even if you think you were in the wrong. You may discover later that the other driver was equally or more to blame. In addition, immediately after an accident you will most likely be emotionally or physically upset to such an extent that you will be unable to accurately appraise the situation. There will be a time for explanations later. No one has the right to force you to give an opinion as to the cause of the accident, at police headquarters or elsewhere. You have the right to consult a lawyer before making a statement.

OBTAIN PROTECTIVE INFORMATION
Just as the law requires you to give certain information, you are entitled to the same information form other persons involved in the accident. Do not fail to obtain this information. In addition to the names and addresses of the persons actually involved, make an effort to obtain the names and addresses of all persons who witnessed the accident. Witnesses may be important later if legal action becomes necessary. Also, if reasonable to do so:

• Make notes of the important aspects of the collision to help you remember them.
  
• Diagram the exact position of the vehicles before and after the accident.
  
• Step off skid marks and other important distances.

Such precautions may prove invaluable in the event that legal questions develop.

SEE YOUR DOCTOR
If you have any doubt at all about your own condition or that of the passengers in your vehicle, see your doctor immediately for an examination and ask your passengers to do likewise; then be guided by the findings.

FILE ACCIDENT REPORTS
Notify your automobile insurance company immediately and cooperate with your insurance representatives in their investigation.

In addition, Georgia law requires you to file a written report of any accident in which you were involved which resulted either in the death or injury to any person and in most accidents where property damage occurred. Failure to file a report may cause you to lose your license. A report form may be obtained at any police station or sheriff's office. The place where the report should be filed appears on the form. The filing of the report should be within ten days after the accident.

ARRESTS
An arrest, either of you or the other party, does not necessarily indicate liability for the accident. However, a statement of guilt or a plea of guilty to a traffic ticket, may be used as an admission, so it is important that you obtain legal advice if you are arrested. Receiving a ticket is an arrest.

YOUR RIGHTS
If you are not certain of your rights, consult a lawyer of your personal choice. Your insurance company will always be represented by trained adjustors or by an attorney.
You should ignore any attempt by a representative of the other party to influence you against the advice of your own attorney. Furthermore, beware of an attorney or anyone representing an attorney who approaches you with a request to handle your case. Solicitation of business is an unethical practice in the legal profession. Solicitation by non-lawyers is illegal and a violation of state law
.
DAMAGES
If you lose work, sustain injuries or have other losses, you may be entitled to reimbursement under your own policy of insurance if the conditions have been met. You may also be entitled to damages from the other party to the accident.
Awarding monetary damages is the law's method of putting the wrongfully injured party, as closely as possible, into a position equal to that position before he was injured. If you are in the right you may be entitled to recover money for the following:

• Nature, extent and duration of injuries.
  
• Pain and suffering from injuries.
  
• Disability, both temporary and permanent.
  
• Reasonable expenses resulting from injury, including medical and hospital expenses.
  
• Loss of income.
  
• Value of damage to property.

THE LAW REQUIRES INSURANCE
The motor vehicle law of Georgia now requires that all motor vehicles intended for use on public highways be covered by liability insurance. Certain vehicles are exempt from this requirement including inoperable or stored vehicles that are not operated. You must also have within the vehicle proof of insurance. Insurance companies issue insurance cards which comply with this requirement. The law allows the Secretary of State to request verification of insurance from you. Violations of this provision will result in significant financial penalties and may result in loss of driving privileges.


WORKERS COMP
Following is a brief summary of the Georgia workers compensation system. This does not apply to employees of Federal government, railroad workers, mariners, longshoremen, and a variety of other groups covered by separate compensation systems.

Employee's Rights
If you are injured on the job, you are entitled to medical benefits and may be entitled to income benefits and rehabilitation benefits.

Medical Benefits
The Employer is required by the Workers' Compensation Act to post a list of four doctors for employees to choose from. This list must include at least one orthopedic doctor and should have a minority physician, if possible. You may choose any one from the list and you may make one change to another doctor on the list without permission from the employer. You are also allowed to get temporary medical care from any doctor in the case of a true emergency but must return to a doctor on the posted panel once the emergency is over.

Medical Bills
You are entitled to the payment of authorized doctor bills, hospital bills, therapy, rehabilitation, if needed, prescriptions, mileage for trips for any medically related purpose, including trips to the pharmacy.

Idependent Medical Examination
You are entitled to one independent medical examination from a doctor of your choice if you have received income benefits in the past.

Income Benefits
There are three different types of income benefits you may be entitled to; Temporary Total Disability Benefits (TTD), Temporary Partial Disability Benefits (TPD) and Permanent Partial Disability Benefits (PPD). These benefits are based on your average weekly wage. The average weekly wage is the average of what you earned for the 13 leading up to your injury.

Temporary Total Disability Benefits
This benefit is equal to 2/3 of your average weekly wage up to $400 per week. You are entitled to this benefit if an authorized doctor medically disables you for more than one week. The first week on benefits is not paid unless and until you have been out for three consecutive weeks. TTD benefits are limited to 400 weeks per injury. If it has been determined by a doctor that you are able to work with limitations and are unable to find suitable work, you will receive TTD benefits for 52 consecutive or 72 total weeks at which time you will be entitled to benefits at the TPD rate

Temporary Partial Disability Benefits
This benefits is equal to two thirds of the difference of what you were making per week before your injury and what you are making per week, if less, after your injury, not less than $40 per week and not more than $268 per week. You are entitled to this benefit if you can still work on a limited basis after your injury and are making less per week because of your injury and resulting limitations. TPD benefits are limited to 350 weeks per injury.

Permanent Partial Disability
You may be entitled to income benefits for an impairment rating given to you by your authorized treating physician.

Death Benefits
In the event of death as a result of a on the job accident, survivors are entitled to $5,000 for burial expenses and the surviving family is entitled to $325.00 per week. Benefits cease if and when the widow remarries or cohabits with a person of the opposite sex.

Employee's Responsibilities
Safety . You should follow all safety rules, policy and procedure of employer. Injuries due to intentional misconduct such as horseplay or fighting are not covered.
Report of Injury. You must report you accident immediately, but not later that 30 days after your accident, to your employer, employer's representative, foreman or immediate supervisor. Not doing so could result in the loss of benefits

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