Auto Accidents On The Job: 5 Things to Know

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While we do our best to provide accurate information at the time of publication, laws and circumstances change over time and this article may not be the most up-to-date resource available. If you have questions about a particular situation, please contact us for a free consultation.

Mitchell Byrd, Attorney, Greenville, SC
Mitchell Byrd, Attorney, Greer, SC
What happens if you get into a car accident while you’re on the job in South Carolina? You may be entitled to workers’ compensation benefits. Here are five things to know about auto accidents and workers’ compensation:

  1. If you are involved in an auto accident while working, you can file a workers’ compensation claim with your employer.

In the state of South Carolina, workers’ comp can cover your medical bills and a portion of lost wages. It can also compensate you for disability or disfigurement; however, workers’ compensation does not pay for pain and suffering.

  1. If you were involved in a car accident while on the job and file for workers’ compensation benefits, you may also be able to file a civil claim.

A workers’ comp claim is between you, your employer, and their workers’ compensation insurance carrier. A civil “tort” claim would be directed against the person who caused the automobile accident. Unlike workers’ comp, civil claims might cover all lost wages as well as pain, suffering medical bills, and other damages.

However, if you recover monetary damages from the civil claim against the “at-fault driver,” you may need to utilize that money to pay back part of the workers’ comp benefits you received.

  1. If you were at fault, your employer may be held liable and you may be protected against claims.

Many companies have liability insurance that will protect you from being held personally liable for damages like medical bills. For example, if someone is injured in an accident that you caused while you were working, they may sue for damages but you might be protected from a judgment against you personally.

  1. If you were driving your own car at the time, you may or may not be covered by workers’ compensation.

Accidents that happen when you’re carrying out work for your employer, such as going on sales calls or running errands for your boss, are likely covered by workers’ comp, even if you were driving your own car at the time. But commuting to and from work is generally not covered.

If you drive your own car regularly for work (as many delivery drivers do, for instance), check that you’re covered either by your own car insurance policy or by your employer’s commercial liability and workers’ comp policies. Otherwise you may be found personally liable for an accident, which could be financially devastating.

Talk to a Workers’ Comp Attorney

Workers’ compensation can get complicated when it comes to car accidents and determining responsibility and fault. Contact the South Carolina workers’ comp attorneys at The Carolina Law Group for a free consultation at 864.312.4444 in Greenville or 864.757.5555 in Greer and Spartanburg.

About 

Mitchell Byrd received his Bachelor of Arts degree from Wofford College in 2000. He graduated from the University of South Carolina School of Law in 2004, where he served on the American Bar Association Real Property, Probate, and Trust Journal. He was also an active member of the University of South Carolina Moot Court Bar. Since being sworn into the South Carolina Bar in 2004, Mr. Byrd has focused on litigation, within the criminal justice system as an economics crime prosecutor for the Thirteenth Circuit Solicitor’s Office and also within the South Carolina Workers’ Compensation system.

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