If you have ever been injured in a car accident on the job, there are multiple potential pathways for you to receive compensation for your injury. As long as your injury was job-related (which may be a valid factual question), you should expect some form of compensation or benefits for your injury. However, since insurance companies always complicate what should be readily apparent, you will need an experienced guide in the workers’ compensation and personal injury system, which you will find when you contact the attorneys at Williams & Roche, LLC.
What to do if You’ve Had a Car Accident on the Job?
Like any work-related injury, there are several steps you need to take if you have suffered a car accident while working:
- Provide your employer with notice of your injury within 90 days of the accident.
- Seek medical treatment from a doctor so they can diagnose your injuries and help put you on the road to recovery.
- Consider hiring a workers’ compensation attorney at the outset of your case to help with your claim, and to determine whether you can sue a third party for your injury (You may want to consider this step before you even file a claim to put you in the strongest possible legal position).
When you hire an attorney to help handle the details of the case, you alleviate much of the burden on yourself since you are already going through a difficult time.
The Coming and Going Rule in South Carolina
One key issue in any workers’ compensation case is whether your injury was job-related. If you were in a car at the time of the accident, you can expect some scrutiny of whether you meet the requirements for workers’ compensation benefits.
You are only eligible for workers’ compensation benefits when you were at work or performing a job-related duty at the time of the accident. The “coming and going” rule keeps you from receiving workers’ compensation benefits for an accident that occurred when you were on your way to work or coming home from it.
However, you are entitled to receive benefits when you are injured while traveling for work. For example, a job may have sent you off-site, and you were in a car on your way to or from that task. Since you may be off your work premises while still on the clock, if the accident occurred at that point, you were on the job, and you can receive workers’ compensation benefits.
Workers’ Compensation Is a No-Fault System
You do not have to prove that anyone else was at fault to successfully file a workers’ compensation claim. Even if you were to blame for your own car accident, you would still be eligible for benefits. Workers’ compensation is a “no-fault system,” meaning that you can still be covered even if you were negligent. The trade-off is that you cannot sue your employer for a personal injury that you suffered on the job.
There are some limits to when you can get workers’ compensation. First, you need to be on the job when the accident occurs. Second, if it is proven that there was any intentional activity, your claim may not be granted. For example, if you were intoxicated at the time of the accident, your claim would likely be denied. If you were found to have been blatantly reckless with your actions surrounding the accident, you may also run into a difficult time filing for benefits.
Can Anyone Else be Liable for Work-Related Car Accidents?
Just because the car accident occurred on the job, does not mean that normal rules do not apply. A third party who caused your car accident injuries does not get off the hook solely because of the existence of the workers’ compensation system. You can always file an insurance claim or lawsuit against a third party if they were to blame for the accident.
Like every other car accident claim, you would still need to prove negligence before you could receive anything in a settlement agreement. Negligence means that the driver did something that would be considered unreasonable under the circumstances, and it caused your injuries.
You also have a financial motivation to file a claim or lawsuit. If you receive a settlement, your compensation would likely be higher than what you got through the workers’ compensation system because you could receive:
- Full lost wages (as opposed to ⅔ of your wages for a limited amount of time)
- Pain and suffering
- Emotional distress
Your attorney would perform a complete investigation to determine fault and gather evidence that could be used to help you file a claim.
How Williams & Roche Can Help You
Work-related car accidents present their own complexities. There is always the possibility of multiple avenues of the legal process that you need to follow to get full compensation for your injury. When you hire the attorneys at Williams & Roche, we can do the following for your case:
- Investigate the accident to determine whether there is a third party who can be sued
- Help you prepare a workers’ compensation or insurance claim seeking compensation
- Assist you with any issues relating to your workers’ compensation claim, including the appeal of any potential denials
- Working to maximize the compensation that you receive for your injuries, including negotiating a workers’ compensation settlement
- Acting as your overall guide to the legal process, ensuring that you understand your options
Contact a Work-Related Car Accident Lawyer in Columbia, SC
If you have suffered any type of injury on the job, the workers’ compensation attorneys at Williams & Roche could help protect your legal rights and stand up for you when the insurance company tries to compromise them. It never hurts to speak to a lawyer to learn what they think about your case and how they can help you. You can schedule a consultation with one of our lawyers by sending us a message through our website or by calling us today at 803.784.0503.
