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    got into a car accident at work

    Believe it or not, car wrecks are one of the most common causes of work-related injuries in South Carolina. Regardless of how often you drive as part of your job, there’s a risk of a wreck every time you get behind the wheel.

    If you were injured in a work-related car crash, you may have questions about whether your employer’s workers’ compensation insurance will pay for your medical treatment and other expenses.

    Depending on the circumstances of the work-related car crash, you may have a right to pursue workers’ compensation benefits and, if you were not at fault, a personal injury claim as well. Our attorneys at Joye Law Firm have helped many injured workers just like you seek compensation to rebuild their lives after serious motor vehicle wrecks. We have the knowledge and experience that you need after a work-related car crash. Contact us today for a free consultation with an experienced South Carolina injury lawyer.

    What Should I Do If I Am Injured in a Work-Related Car Accident?

    The most important thing to do after any car crash is to report the accident to the police and to see a doctor as soon as you can, even if you feel fine. You may have sustained injuries that are not apparent yet. A medical professional can evaluate you and determine whether you have any underlying injuries.  Do understand that for work-related injuries, South Carolina law allows the workers’ compensation insurance carrier to determine who your authorized doctors will be.

    Once you have summoned police and emergency personnel to the scene, you should:

    • Get the other driver’s name, address, and insurance information. If the other driver was driving a commercial vehicle, get their company’s insurance information as well.
    • Take pictures of the wreck scene. Be sure to include photos and video of all the vehicles involved, the damage each vehicle sustained, the general crash area, and anything that might have contributed to the accident such as road conditions, fallen traffic signs, or overgrown vegetation.
    • If anyone else witnessed the accident, try to get their names and contact information.
    • Inform your employer of the accident. Make the report to a manager or HR representative. It’s important to submit the report in writing. If you can’t make the report yourself, have someone that you trust submit the report on your behalf. To be eligible for workers’ comp benefits you must report your injury within 90 days of the incident.
    • See a doctor and follow their instructions. If your injuries required emergency treatment, and the emergency room referred you for follow-up treatment, don’t assume that workers’ compensation has approved the referral. Contact the workers’ compensation administrator to make sure the referral has been authorized. To be eligible for workers’ comp benefits in South Carolina, you will need to be treated by an employer-approved doctor. If you deviate from your prescribed treatment, it could jeopardize your workers’ compensation benefits.
    • Your account of the motor vehicle wreck is extremely important to any workers’ compensation claim you file. If your claim is questioned, it is best to consult with a worker’s compensation attorney before providing a recorded statement to an insurance company about the car accident. You don’t want to say anything that could undermine your claim. Workers’ compensation cases can take a long time, especially if your employer fights your claim. An attorney can help you file your claim and file a hearing request if it’s denied.

    Motor Vehicle Accidents in the Workplace Statistics

    A recent Bureau of Labor Statistics report on work-related deaths in South Carolina lists transportation incidents as the leading cause of death, with 51 workers killed in a recent year. The survivors of a worker killed in a work-related car crash are entitled to a workers’ compensation death benefit if the accident occurred while the employee was working.

    The BLS data on non-fatal injuries listed more than 10,000 reported injuries to workers in the transportation and utilities sector in that year. Another 3,000 reported injuries to workers in the transportation and warehousing sector. Many of these injuries involved motor vehicle wrecks.

    Your Options After an Auto Accident While on the Job in S.C.

    Recovering from an auto accident that happened on the job can be overwhelming. Since both your personal and professional life are impacted, it’s crucial to know your rights. In fact, that’s probably why you are reading this page. You might be wondering about your next steps and who can be held accountable. Thankfully, you’ve come to the right place. Depending on the circumstances surrounding your wreck, you may have multiple options.

    Workers’ Compensation Benefits

    Under South Carolina’s workers’ compensation laws, most employers are obligated to have insurance coverage that provides benefits to employees who are injured on the job. A worker injured in a job-related car accident would be entitled to claim workers’ compensation benefits to cover the costs of medical treatment and wage replacement benefits if the injuries leave them unable to work for a period of time. Injured workers may also be eligible for workers’ compensation, such as scheduled member disability benefits or general disability benefits if they are unable to return to work.

    While the process may seem straightforward, it is anything but. Workers often face unnecessary hurdles when trying to access their benefits. One tactic used by many employers and their workers’ comp insurance administrators is to wrongly dispute valid workers’ compensation claims. This is because they are focused on the bottom line and denying claims saves them money. Their hope is that you’ll take “no” for an answer, you won’t fight it, and you’ll just go away. Don’t let them get away with it.

    If your employer or their workers’ compensation provider has denied your claim, an attorney at Joye Law Firm can help you understand your legal rights at no charge. We’ve helped thousands of injured workers get their rightful benefits after initially being denied.  We’ll evaluate the circumstances of your car accident and determine whether you should be entitled to workers’ comp benefits. If so, our experienced workers’ comp attorneys will fight for the maximum benefits available to you under South Carolina law. We’ve been doing this since 1968, and our goal is to make a positive difference in the lives of people who seek our help.

    Case Study: Joye Gets $700,000 for Injured Trucker

    Headshot of Joye Law Firm partner, Ken Harrell

    Johnnie, a tractor-trailer operator, knew the risks associated with driving an 18-wheeler, but the money was good, and supporting his family was his highest priority. He knew he was a safe driver, so he hoped he’d be able to avoid some of the horror stories he’d heard from the road. Sadly, on one seemingly normal day, Johnnie’s worst fears were realized. He was involved in a serious wreck when a car ran a stop sign in front of him. Knowing it was impossible for him to stop in time, Johnnie used his quick thinking to avoid a fatal collision. He swerved into a ditch, saving the other driver from certain death. Unfortunately, this selfless act left Johnnie suffering debilitating injuries that required three surgeries and ended his driving career. He would face an uncertain path to physical and financial recovery. With the help of Attorney Ken Harrell, Johnnie navigated a challenging workers’ compensation claim, ultimately securing $150,000 and lifetime medical treatment for his injuries. While it was a great result, Atty Harrell recognized the limitations of the workers’ comp system to cover all of Johnnie’s losses. Harrell opted to pursue a personal injury claim against the driver who caused the wreck, which resulted in an additional $550,000 settlement.

    Read the full case study

    Personal Injury Claims

    South Carolina’s workers’ compensation laws were enacted as a compromise between business interests and workers’ rights advocates. In exchange for giving up their right to sue an employer, workers got a system that enabled them to access employer-provided benefits, regardless of who was at fault for their injuries. Because of this, you generally cannot file a personal injury lawsuit against your employer for a work-related injury.

    However, you may have a right to file a personal injury claim against a driver who caused your car crash, in addition to your workers’ comp claim. Filing a personal injury claim would enable you to seek additional compensation for your injuries, potentially including compensation for your pain and suffering. Because of the limitations of the system, it may even be beneficial to prioritize a personal injury claim over your workers’ compensation claim in some situations.

    Talk to a lawyer at Joye Law Firm to learn more. There are some complicated procedures that need to be followed to pursue both a workers’ compensation and a personal injury claim.  Failure to properly follow these procedures could result in your voiding your entitlement to workers’ comp benefits.

    Case Study: $800,000 Settlement for Car Accident on the Job Sydney Lynn Circle Headshot

    A tire technician was severely injured in a T-bone wreck in Columbia, S.C. when another driver failed to yield at the notorious intersection of Bluff Road and Idlewild Boulevard. While he was happy just to have survived the wreck, he had no idea about the challenges ahead. Despite the at-fault driver admitting liability, the technician faced major challenges in securing compensation, including a denied workers’ compensation claim.

    At his wit’s end and facing financial ruin, he called Joye Law Firm. Attorney Sydney Lynn jumped into action. In a masterful legal maneuver, Lynn opted to settle it on a disputed basis. This allowed for greater control over medical treatment. She then successfully litigated a third-party personal injury claim, ultimately securing an $800,000 settlement for the victim. This outcome provided much-needed financial relief, enabling the family to regain stability and hope for the future.

    Read the full case study

    Third-Party Claims

    In addition to your employer’s workers comp insurance and the at-fault driver’s insurance, you may be able to seek compensation from a third party. Several third parties may be liable in a car accident involving an injured worker, including:

    1. Vehicle Manufacturers: If a defect in the vehicle contributed to the accident
    2. Parts Manufacturers: For defective components like brakes or tires
    3. Employers of Other Drivers: If their employee was acting within the scope of their job during the wreck
    4. Road Construction Companies: If inadequate safety measures contributed to the incident
    5. Government Entities: For poorly maintained roads or signage
    6. Parking Lot Owners or Managers: If inadequate maintenance led to the accident

    If you’ve been injured in a workplace accident, it’s crucial to consult with an experienced attorney to explore all potential avenues for recovery and ensure you receive the full compensation you deserve.

    Case Study: Landmark $262.5 Million Product Liability Claim

    Mark Joye

    Back in 1994, Joye Law Firm handled a tragic case that would catapult the firm to the covers of national newspapers and magazines and earn a permanent place in the history books. Six-year-old Sergio Jimenez was tragically killed when the rear hatch of his family’s 1985 Dodge minivan unexpectedly flung open during a low-speed wreck. To the family’s shock and horror, little Sergio was ejected from the vehicle and suffered fatal injuries. His family, reeling from the loss of their young son, sought justice and hired Attorney Mark Joye. Touched by the tragedy, Joye vowed to do everything in his power to get justice for Sergio. Joye was shocked when he uncovered a significant flaw in Chrysler’s design of the rear latch on its minivans. Through extensive research and collaboration with other attorneys, Joye demonstrated that Chrysler had knowingly used a defective latch design that failed to meet safety standards, resulting in multiple injuries and fatalities. Despite Chrysler’s defense claiming the latch was not defective, the jury awarded the Jimenez family a groundbreaking $262.5 million. The case prompted broader safety changes across the automotive industry. It still stands as the largest personal injury verdict in South Carolina history.

    Read the full case study

    What Is the Going and Coming Rule?

    Most employers in South Carolina are responsible for covering the medical bills of their employees who are injured in work-related accidents, including most work-related car accidents.

    The general rule with work-related car accidents is that your employer has to cover your medical bills after a crash unless you were driving to or from work. This principle is known as the Going and Coming Rule.

    This means you generally cannot claim workers’ compensation benefits if the car accident occurred during your daily commute to or from your job.

    Exceptions to the Going and Coming Rule

    There are exceptions to the Going and Coming Rule. You may be eligible for workers’ comp benefits for an injury sustained while commuting to or from work if any of the following conditions apply:

    • The premises exception — If the accident happened while you were still on company property, you might be able to claim workers’ compensation benefits after the crash, even if the accident happened while you were going or coming to work. This includes accidents in company parking lots.
    • The special errand exception — If your employer asks you to perform a task on the way to or from work (such as making a deposit at the bank), this is known as a special errand. Employers are generally liable if an employee is in an accident while performing a special mission or errand.
    • The required vehicle exception — If you’re commuting to and from your job in your personal vehicle, your employer is usually not liable if an accident occurs. However, if you’re driving a company car, you likely will be able to claim workers’ compensation benefits.
    • Dangerous ingress/egress exception — If the only route to your workplace is hazardous and results in an accident that injures you, there may be grounds for you to receive workers’ comp benefits.
    • On-call exception — If you are on call outside of regular business hours and are injured while traveling to or from your workplace you may have grounds for a claim.

    If you’re uncertain whether your accident falls under the Going and Coming rule, it’s wise to consult with an experienced workers’ compensation attorney. At Joye Law Firm, our consultations are always free. We’ll assess your claim to ensure you receive all the benefits you deserve. If we can’t secure compensation through workers’ comp, we’ll also explore options for pursuing a personal injury lawsuit against the at-fault driver to help you obtain the compensation you need.

    Is My Employer Liable for My Car Accident at Work Injuries?

    If you were in an accident at work, your employer is likely responsible for covering your medical bills through their workers’ compensation policy. As long as the accident happened on company property or as part of a work-related task, you should qualify for workers’ compensation benefits.

    Any medical bills related to your injuries in a car accident while on the job should be fully covered by workers’ comp. If you miss work due to your injuries, the workers’ compensation wage-replacement benefits will cover up to two-thirds of your average weekly wages, as set by state law.

    What If I Was at Fault?

    In South Carolina, workers’ compensation is a no-fault benefit. This means that it does not matter who caused the car accident, as long as it occurred during a work-related task or on company property.

    You may still collect workers’ compensation benefits if you were at fault for a car accident, as long as the accident was related to your job. An exception to this rule is if you were impaired by drugs or alcohol when the accident happened, and this intoxication was the proximate cause of the accident.

    Will I be Able to Receive South Carolina’s Workers’ Compensation?

    South Carolina requires most employers to provide workers’ compensation coverage for their employees. Most private businesses, including non-profit organizations with four or more employees, are required to carry workers’ compensation coverage. Both full-time and part-time employees are eligible for workers’ compensation benefits.

    There are exceptions to eligibility, which are outlined in the South Carolina Code.

    Workers who are generally not covered by South Carolina’s workers’ compensation include:

    • Independent contractors (but understand that many employers try to improperly label employees as independent contractors)
    • Casual employees
    • Agricultural workers
    • Railroad workers
    • Federal government employees working in the state
    • Some owner-operator truck drivers

    Contact our Experienced South Carolina Workers’ Comp Lawyers Today

    If you were involved in a work-related car crash in South Carolina, navigating the complexities of workers’ compensation claims and potential personal injury lawsuits can be overwhelming. That’s where Joye Law Firm can help. Our dedicated team of experienced attorneys understands the intricacies of both workers’ compensation and personal injury law, ensuring you receive the maximum compensation you deserve.

    By choosing Joye Law Firm, you gain access to skilled legal guidance, personalized support, and a proven track record of successful outcomes for our clients. Whether you need assistance filing a workers’ comp claim or pursuing a lawsuit against the at-fault driver, we will work tirelessly to advocate for your rights and rebuild your life after a devastating accident. Don’t navigate this process alone—contact us today for a free consultation and let us fight for the justice and compensation you deserve.

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