If the accident is not your fault, with a few, rare exceptions, a person is entitled to recover under both workers’ compensation and the opposing driver’s automobile liability insurance. This provides an opportunity for the injured party to recover damages for pain and suffering, which are not available under worker’s compensation. While the potential recovery in these cases is high, such cases are complex and a mistake can have devastating consequences. Mr. Parker is well-versed in both workers’ compensation as well as accident law, navigating numerous such cases over the years.
Did Your Car Accident Occur While You Were On The Job?
While this may appear to be a simple question, there are tricky exceptions that may apply. For example, if you are on the way to or from work, on a break or running errands, to name a few.
What If I Was At Fault For The Car Accident That Happened While I Was Working?
In the event you are cited as being responsible for an automobile accident while working, you generally are still able to recover for injuries under workers’ compensation. The only notable exception would be if you were intoxicated at the time of the accident. Under South Carolina law, workers’ compensation is not a fault-based system. Thus, the fact the accident is your fault is not relevant, excluding the exceptions above. However, as noted above, workers compensation does not allow for recovery of pain and suffering.
Should I Also File A Car Accident Claim Against The Other Driver?
Assuming the accident was not your fault, it is almost always wise to file a claim against the other driver. It is after that point that these types of cases can become complex and that mistakes can easily be made by non-attorneys.
What Is A Workers’ Compensation Lien As It Relates To My Car Accident While On The Job Case In SC?
In certain circumstances, when the accident was the fault of another, your employer (through its’ workers’ compensation insurance) may be entitled to recover some or all of the money they paid out. This depends on the policy language, amongst other factors. However, these liens can be negotiated or even waived. It is imperative to have an experienced attorney involved to be certain your recovery is maximized.
Could I Lose My Workers’ Comp Benefits If I Settle My Myrtle Beach Car Wreck Case Before My Comp Case, Or Fail To Properly Notify Certain Parties In The Workers’ Comp Case Of Your Personal Injury Lawsuit?
South Carolina provides a party injured by another in an automobile accident while on the job a choice of remedies. This means the injured party has the right to choose whether to pursue a workers’ compensation claim and/or an automobile liability insurance claim. There are many factors that should play into that determination and there are time-sensitive deadlines involved. It is crucial an injured party seek the advice of an experienced workers’ compensation and automobile accident attorney before making any determinations, as a mistake could be costly.
For more information on Auto Wreck Injury Claims While Working In SC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 357-4111 today.
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