An injury from a motor vehicle accident can cost roughly $150,000. A fatality costs as much a $3.6 million. Distracted driving plagues our nation and affects not only auto insurers, but also workers’ compensation claims as well. There has been a huge rise in the number of traffic accidents involving employee drivers. One of the main reasons for this jump is the lack of safe driving training companies are providing for their employees. 

What is Distracted Driving?

The United States Department of Transportation defines distracted driving as “ any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving.” In 2017, 3,166 people were killed in motor vehicle crashes involving a distracted driver.

Smartphone Usage.

Statistics indicate that using your cell phone while driving has a negative impact on a driver’s ability to safely operate their vehicle. The National Council on Compensation Insurance (NCCI) reported an increase in the frequency of workers’ comp claims involving motor vehicle accidents as being secondary to the increase in smartphone usage while on the road.

Driver Safety.

In 2016, 41% of fatal workers’ comp claims were the result of a vehicle accident turned deadly. Employers need to establish strong policies and make sure their employees have a crystal clear understanding of what is expected of them. The single most important way an employer can help keep the workplace safe is by offering a driver safety program and getting the entire workforce invested. Employers can help employees understand the significant risks they face if they are distracted while driving and how much the consequences could affect their lives and the lives of their family. Employers should also draft a cell phone usage policy for employees to follow.

Workers’ Compensation.

The demands of the workplace impact workers behind the wheel. Drivers often use cell phones to talk about work-related issues as they travel to and from work, or when they are driving for business purposes. So, what happens if these distractions result in an accident? Who is held responsible? Well, in Georgia, workers’ compensation is a no-fault insurance program. Unlike other insurance claims, who’s fault the accident was has no bearing on whether the claim is compensable. So the fact that the accident was caused by distraction is irrelevant. The only exception to this is if drugs and alcohol were involved. The one thing that does matter is whether the accident was work related. Workers’ comp will only cover you if the accident happened while you are doing work. Typically, this includes car accidents that happen while you are running errands at work or while on a business trip. Workers’ compensation generally would not apply when you are driving to work in the morning or at home in the evening.

If you have been involved in a work related vehicle accident it is critical you consult with a workers’ comp attorney right away. Your lawyer can help you determine whether workers’ compensation applies to your situation and what your options are.