All workers’ compensation cases have the potential to be complex with unexpected challenges arising. However, cases involving traffic accidents can be particularly complex for the following reasons and more.
Were you performing job-related duties?
Whenever you leave the premises of a job site, building, or another place of employment and sustain an injury in an accident, the question will arise whether or not you were fulfilling your job duties at the time of the accident. Many employees depart from their duties once they leave and, under certain circumstances, become ineligible for workers’ compensation benefits if the accident did not occur when they were actually on the job. Many employers and insurance companies will work to prove that your injuries were not, in fact, related to your work.
Are you classified as an independent contractor?
Many individuals who drive vehicles as part of their job as classified as an independent contractor instead of as a traditional employee.1 Some common independent contractors include commercial truck drivers, taxi drivers, couriers, or contractors. Independent contractors are not entitled to workers’ compensation coverage under South Carolina law and, therefore, are responsible for their own injury-related losses. However, not everyone is correctly classified as an independent contractor and, in many situations, an incorrectly classified individual may receive back benefits that they were previously denied.
Was another motorist injured or at fault?
Traffic accidents can be complicated and may involve other motorists who sustain serious injuries or whose negligence2 contributes to the collision. Cases can become substantially more complicated when other parties get involved and each party will likely have their own legal claims and legal representation. In such situations, you should also have an experienced workers’ compensation attorney representing your interests and helping you navigate the potentially confusing process to obtain the benefits to which you are entitled.
Call a Charleston workers’ compensation lawyer for assistance today
At the Law Firm of Walter Hundley in South Carolina, we understand that workers can sustain serious injuries in on the job traffic accidents and we are committed to helping you obtain the full amount of benefits for your medical expenses, lost wages, and more. Call our office today at 866-723-1995 or 866-723-1995 for help.
References:
1https://www.dol.gov/whd/regs/compliance/whdfs13.pdf
2https://www.law.cornell.edu/wex/negligence
