The short answer: If you were driving for work when the crash happened, you can often file both a workers’ compensation claim and a personal injury claim. Workers’ comp covers you through your employer, no matter who caused the wreck, and a separate personal injury claim may be possible if a negligent driver who wasn’t a coworker hit you. In South Carolina, these two paths aren’t mutually exclusive.
One minute you’re making a delivery or driving to a job site. Next, another driver slams into you. Now you’re hurt, missing work, and wondering who’s supposed to pay for it all. Is this a workers’ comp claim, a car accident case, or both? You may have more than one way to recover, and an experienced Columbia car accident lawyer can help you sort out which claims apply. Your first consultation is free.
In this article, we discuss:
– When workers’ comp covers a car accident that happens while you’re working
– What workers’ compensation benefits pay for
– When you can also file a personal injury claim against another driver
– Whether you can pursue both claims at the same time
– How South Carolina’s deadlines and fault rules affect your case
Does Workers’ Comp Cover A Car Accident That Happens While You’re Working?
Yes, if you were driving as part of your job when the crash happened, workers’ compensation almost always covers it. South Carolina workers’ comp applies to injuries that arise out of and in the course of employment, which covers far more than accidents at a desk or on a factory floor. Delivery drivers, home health aides, salespeople, and anyone who drives between job sites can be covered.
Your normal commute to and from work usually isn’t covered because you aren’t yet on the clock doing your employer’s business. But if you were running an errand for your boss, traveling between locations, or driving a company vehicle, that’s a work-related car accident, and workers’ comp likely applies.
What Does Workers’ Comp Pay For After A Work-related Car Accident?
Workers’ compensation pays for your medical treatment and part of your lost income, no matter who caused the crash. Because South Carolina workers’ comp is a no-fault system, you do not have to prove anyone did anything wrong to receive benefits.
Benefits generally include your medical care, a portion of your lost wages, and compensation if the injury leaves you permanently disabled. What workers’ comp doesn’t pay for matters just as much. It won’t cover your pain and suffering or your full lost wages, which is one reason a second claim can be so important.
When Can You Also File A Personal Injury Claim Against Another Driver?
You can file a personal injury claim when a negligent driver who wasn’t your coworker or employer caused the crash. Workers’ comp is generally your only claim against your employer, but it doesn’t stop you from holding an at-fault outside driver accountable. South Carolina law specifically preserves your right to pursue that third party (S.C. Code Ann. § 42-1-560).
This matters because a personal injury claim can recover things workers’ comp cannot, including your full lost wages and your pain and suffering. If another driver ran a red light, was texting, or was simply careless and hurt you while you were working, you may have a claim against them on top of your workers’ comp benefits.
Not sure whether another driver’s insurance owes you money? Call (803)962-1138 for a free consultation. There’s no upfront cost, and you don’t pay unless we recover for you.
Can You File Both A Workers’ Comp Claim And A Personal Injury Lawsuit?
Yes. A workers’ comp claim and a third-party personal injury claim aren’t mutually exclusive, and pursuing both is often the smartest path. One claim runs through your employer’s workers’ comp insurance, which is generally your exclusive remedy against your employer (S.C. Code Ann. § 42-1-540). The other runs against the at-fault driver who hit you.
These claims interact, and that’s where careful, ethical handling matters. If you recover money from the at-fault driver, your employer’s insurer may be entitled to repayment for part of the benefits it already paid. Coordinating both claims correctly, so you keep as much of your recovery as possible, takes experience. Doing right by our clients means making sure neither claim shortchanges the other.
How Do South Carolina’s Deadlines And Fault Rules Affect Your Case?
The two claims run on different deadlines, so timing is critical. You generally have two years after an accident to file a workers’ compensation claim (S.C. Code Ann. § 42-15-40) and three years to file most personal injury lawsuits (S.C. Code Ann. § 15-3-530). Miss a deadline, and you can lose that claim for good.
Fault works differently for each. Workers’ comp doesn’t depend on who caused the crash, but your personal injury claim does. South Carolina uses a modified comparative negligence rule. Under Nelson v. Concrete Supply Co., you can recover as long as your negligence is not greater than the other driver’s, and your recovery is reduced in proportion to your share of the fault. In plain terms, you can still recover as long as you weren’t more than 50% at fault. Insurance companies know this and will try to shift blame onto you.
Deadlines pass more quickly than you’d think. Call (803)962-1138 to protect both claims before time runs out.
Frequently Asked Questions About Work-related Car Accidents In South Carolina
Do I have to choose between workers’ comp and a car accident claim?
No. If another driver caused your work-related car accident, you can often pursue workers’ comp through your employer and a personal injury claim against that driver at the same time. Because they cover different losses, they may recover more together than either one alone.
Will filing a claim hurt my job?
It shouldn’t. South Carolina workers have the right to file for workers’ comp, and your employer isn’t supposed to punish you for it. If you feel you’re being treated unfairly after a claim, talk to a lawyer right away.
How much does an on-the-job car accident lawyer cost?
Your consultation is free, with no upfront costs. You don’t pay attorneys’ fees unless we recover compensation for you, so you can receive answers without financial risk.
What if I were partly at fault for the crash?
You may still have a claim. Workers’ comp doesn’t depend on fault at all. On the personal injury side, you can recover as long as you weren’t more than 50% at fault, though your recovery is reduced by your share.
Talk To McCravy, Newlon, & Clardy About Your Options
A car accident while on the job can put you in two systems at once, and the choices you make early affect what you recover. For 30 years, McCravy, Newlon, & Clardy has helped injured South Carolinians handle both workers’ comp and personal injury claims with an honest, straightforward approach. From our office at 1607 Augusta Rd in West Columbia, we serve Columbia and the surrounding communities.
You focus on healing. We’ll handle the legal side. Call 866-MCCRAVY today for a free consultation. You don’t pay unless we recover for you.