Hundreds of workers across South Carolina are required to operate a motor vehicle as part of their daily job. Whether they are a truck driver, taxi driver, or work in a warehouse operating a forklift or other large vehicle, vehicle accidents on the job are a leading cause of workplace accidents and injuries.
If you have been injured in a vehicle accident while working, contact an experienced and dedicated Charleston vehicle accident on the job lawyer today.
A Charleston workers compensation lawyer can help workers who have been injured to collect evidence, determine liability, and file a workers’ compensation claim. En Español.
Jobs and Professionals at Risk for Vehicular Accidents
Traffic accidents are one of the leading causes of workplace accidents and fatalities. According to the Centers for Disease Control and Prevention (CDC), an estimated 35 percent of occupational fatalities resulting from auto accidents, making vehicle accidents one of the leading causes of fatal and serious work injuries.
There are numerous jobs and employment opportunities where employees are expected to drive as a part of their regular duties. Some of the most common professions where driving is a critical component that Charleston vehicle accident on the job lawyer’s see claims include:
- Truck drivers
- Package delivery drivers
- Taxi drivers
- Forklift drivers
- Limo drivers
- Postal workers
- Ambulance drivers
- School Bus Drivers
- City Bus Drivers
However, there are numerous other professions where it may be critical for a worker to drive a vehicle such as plumbers, construction workers, electricians, cable repairman, and even delivery drivers. Many workers are left to wonder what happens if they are injured in an accident while driving at work.
Vehicle Accidents in the Workplace
Most workers know that if they are injured during the course of employment, they are entitled to workers’ compensation for their injuries, however, the line is often blurred when a worker is driving. This line can become even harder to determine when a worker such as a plumber, electrician, or construction worker is driving to and from a worksite.
While it is true that workers are generally covered for injuries they sustain that arise out of and during the course of employment, there is an important legal rule in South Carolina called “going and coming rule.” It is important for any worker who has been injured in a vehicle accident while on the job to understand this rule, and how it may impact their case.
Under this legal rule, an employee who is going to or coming from work is generally not considered to be engaged in or performing any work. This means that if an individual is on their way to work in the morning and they are involved in a car accident, they may not be able to file a claim under their employer’s workers’ compensation plan, similarly this rule would apply if a worker is on their way home after their shift has ended. However, under this rule, if a worker sustains an injury in a vehicle accident while performing work, or performing a service that is incidental to their employment they may be entitled to protections under South Carolina’s Workers’ Compensation Act.
Contacting a Charleston Vehicle Accident on the Job Attorney
In these cases, it is crucial to determine if a worker was injured in a vehicle accident while performing a service that is sufficiently related to their employment such that they are able to file a workers’ compensation claim.
However, determining whether a worker was performing a service during the course and scope of employment a is fact based question, and it is critical that an injured employee conduct a thorough investigation and have substantial evidence to prove their case. A Charleston vehicle accident on the job attorney can assist with this.