Who Pays if I’m in an Auto Accident While on the Job?
Imagine you’re driving to a work meeting or running errands for your boss when suddenly you hear squealing brakes. Before you realize what’s happening, a truck plows into your car and sends you spinning through the intersection.
Who will pay for the damage? Do you file a worker’s compensation claim against your employer, or a personal injury claim against the other driver?
OK, put that question on hold. First, you need to do the following:
- Get the medical attention you need;
- Report the accident to police, as with any auto accident;
- Report the accident to your employer; and
- Gather evidence if possible – names of witnesses and photographs of the damage and injuries.
Once you’ve got all that taken care of, call your Myrtle Beach workers’ compensation attorney immediately to find out what your options are. You may have a workers’ comp claim, a third-party personal injury lawsuit, or even both in some circumstances.
SC Workers Comp and Auto Accidents
If your job requires you to drive and you are in a work-related auto accident, you should be eligible for workers’ compensation benefits – even if you are at fault in the crash.
If you were driving a company vehicle, running errands for the boss, transporting other employees or making deliveries as part of your job, workers’ compensation insurance will pay for your injuries or disability in most cases.
If you were traveling to or from work at the time of the accident, you may be covered under some circumstances. For example, you may be covered if you were driving a company car or if the route to and from work is inherently dangerous.
So, if your claim is successful, what will workers’ compensation pay for? What would a personal injury lawsuit cover?
What’s the Difference Between Workers’ Comp and Personal Injury in SC?
In South Carolina, workers’ compensation benefits are limited to compensation for necessary medical expenses, a portion of lost wages, and long-term disability benefits.
This can be extremely helpful, but, if you were in an auto accident and the other driver was at fault, you may be able to file a personal injury claim that will also compensate you for non-economic damages like pain and suffering.
With a personal injury claim, you can recover future medical costs and all your lost wages. You can also recover the costs of property damage caused in the accident, pain and suffering, and psychological trauma, which are not covered by workers’ compensation.
SC Workers’ Comp and Personal Injury Lawyers in Myrtle Beach
Your workers’ compensation lawyer at the Lovely Law Firm will review your case and help you to decide whether to file a workers’ comp claim, a personal injury claim, or both.
If you have been injured in an auto accident while on the job, call us at (843) 839-4111 or fill out our online form to schedule a free case evaluation.