When you are injured at work, the obvious next step is to seek out workers’ compensation. But when most people think about workplace safety, they think of injuries caused by slips, trips, and falls. However, what happens if you are injured in a car accident while on the clock?
According to the Workers Compensation Act in South Carolina, any accidental injury that is work-related or caused while on the job can be considered for workers compensation. So, if youre hit by a car while driving for some work-related reason, other than commuting to or from work, you may be entitled to workers’ comp.
Work-related reasons you might be driving can include:
- Running an errand for your employer
- Traveling on a business trip
- Making deliveries
- Traveling for work because you dont have a fixed office (such as traveling salespeople) Driving a company vehicle
If you or a loved one has been hit by a car while on the job, here are some next steps to consider.
Once it is safe to do so, call the police.
A police report may help you later on if you want to file a personal injury claim — but more on that later.
Report the accident immediately to your supervisor or employer.
Request medical treatment, if needed. In South Carolina, you may lose your workers’ comp benefits if you dont report the accident within 90 days of it happening.
If your employer does not report your accident, or denies your claim, consult a workers’ comp lawyer right away.
Youre entitled to coverage for your medical treatment and lost income under the Workers Compensation Act. In South Carolina, workers’ comp can pay up to $845.74 a week. These are benefits you dont want to lose out on, so a lawyer can help you file your own claim with the South Carolina Workers Compensation Commission. You may want to hire one anyway to help you understand your benefits.
Go to the doctor chosen by your employer.
You have the right to choose your own doctor, but when hurt on the job in any case, your treatment will only be paid for by workers’ compensation when its given to you by the doctor chosen by your employer.
Speak with a car accident lawyer about possibly filing a personal injury claim.
If you were hit by a car on the job, and the other driver was at fault, you might be able to file for both a personal injury claim and workers’ compensation claim. This is where the police report from earlier can come in handy. Consult with Best and Flatt as soon as possible, before deciding if this is right for your situation.