When workers get hurt in a workplace accident, it may be assumed that the accident occurred on the property or in the office of the employer. This assumption may prove false if a worker drives a tractor-trailer to transport goods; visits customers, suppliers, or even other branches associated with the industry or employer; or drives to meetings as directed by their employer. Employees who drive for a living or occasionally embark on trips for their jobs may not even realize that they may be entitled to benefits if they become injured during a workplace car accident. Our experienced legal team at Chappell, Chappell and Newman. will inform injured workers about their options and guide them in the confusing but worthwhile process of filing a Workers’ Compensation claim.
Claims to File
Injured workers may experience debilitating injuries that prevent them from returning to their job after a workplace car accident. Astronomical medical expenses may follow that victims may be unable to afford without filing a claim for Workers’ Compensation benefits. The three options for recovery include filing a claim against the at-fault driver and that individual’s car insurance policy; pursuing a claim through their employer for Workers’ Compensation benefits; or jointly pursuing benefits in Workers’ Compensation and against the at-fault driver. Although injured workers in South Carolina are entitled to Workers’ Compensation benefits, attempting to retrieve them without legal representation may become confusing and daunting. Unfortunately, it may be challenging for victims to fight for their rightful benefits during recovery, and they may not know the complexities that accompany obtaining benefits. An experienced lawyer will understand how to navigate the legalities and ensure that deadlines are met.
What Workplace Car Accidents Are Covered
Career drivers such as truckers may be aware that they have the ability to file a Workers’ Comp claim after a workplace car accident, but other workers who occasionally use their vehicles may be unaware of this fact. At first glance, some circumstances may seem like they are not covered when filing a claim including making deliveries, running job-related errands, driving another employee on work-associated tasks, and traveling to work-related meetings or conferences, but often these trips are covered under Workers’ Compensation protection. If the accident occurred on the victim’s own time or the victim drove under the influence of drugs or alcohol, however, such cases may be ineligible.
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No-Fault System for South Carolina Injured Workers
The South Carolina Workers’ Compensation program uses the no-fault system in cases of workplace car accidents. Whether or not the worker is at-fault for the accident, the employer is generally still responsible for injuries incurred on the job, and a qualified attorney will still handle the case. When a third party is involved in the accident, it is best to allow a lawyer to determine the best course of action because the case may become complicated.
An attorney whose practice areas include Workers’ Compensation and personal injury will help injured workers understand what medical and wage benefits they may receive under the law. According to the law, injured workers are entitled to receive compensation for medical expenses, which will be paid by the Workers’ Compensation insurer, loss of wages, and disability benefits. If the employee sustained fatal injuries in the accident, the family may receive death benefits, too.