A. South Carolina provides a party injured by another in an automobile accident while on the job a choice of remedies. This means the injured party has the right to choose whether to pursue a workers’ compensation claim and/or an automobile liability insurance claim. There are many factors that should play into that determination and there are time-sensitive deadlines involved. It is crucial an injured party seek the advice of an experienced workers’ compensation and automobile accident attorney before making any determinations, as a mistake could be costly.
A. In certain circumstances, when the accident was the fault of another, your employer (through its’ workers’ compensation insurance) may be entitled to recover some or all of the money they paid out. This depends on the policy language, amongst other factors. However, these liens can be negotiated or even waived. It is imperative to have an experienced attorney involved to be certain your recovery is maximized.
A. Assuming the accident was not your fault, it is almost always wise to file a claim against the other driver. It is after that point that these types of cases can become complex and that mistakes can easily be made by non-attorneys.
A. In the event you are cited as being responsible for an automobile accident while working, you generally are still able to recover for injuries under workers’ compensation. The only notable exception would be if you were intoxicated at the time of the accident. Under South Carolina law, workers’ compensation is not a fault-based system. Thus, the fact the accident is your fault is not relevant, excluding the exceptions above. However, as noted above, workers compensation does not allow for recovery of pain and suffering.
A. While this may appear to be a simple question, there are tricky exceptions that may apply. For example, if you are on the way to or from work, on a break or running errands, to name a few.
A. If the accident is not your fault, with a few, rare exceptions, a person is entitled to recover under both workers’ compensation and the opposing driver’s automobile liability insurance. This provides an opportunity for the injured party to recover damages for pain and suffering, which are not available under worker’s compensation. While the potential recovery in these cases is high, such cases are complex and a mistake can have devastating consequences. Mr. Parker is well-versed in both workers’ compensation as well as accident law, navigating numerous such cases over the years.

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We serve clients throughout South Carolina including those in the following localities: Horry County including Conway, Garden City, Little River, Loris, Myrtle Beach, North Myrtle Beach, and Surfside Beach; Charleston County including Charleston, Johns Island, Mount Pleasant, and North Charleston; Dillon County including Dillon; Florence County including Florence; Georgetown County including Andrews, Georgetown, Murrells Inlet, and Pawleys Island; Marion County including Marion and Mullins; and Sumter County including Sumter.

Office

541 Atlantic Ave
Murrells Inlet, SC 29576

Phone

(843) 357-4111

Business Hours

Monday – Thursday (8:30am – 4:30pm)
Friday (8:30 am – 2:30 pm)