Legal Question in Workers Comp in South Carolina

Car accident while on the job

If I were going to the bank or office supply store as routinely done for the hotel that I am managing, and there was an accident, would the hotel be responsible for any damages caused by the accident?

thanks in advance for any help

Asked on 8/29/00, 6:43 pm

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Car accident while on the job

South Carolina workers' compensation law recognizes a defense known as the "Going and Coming rule". This rule states that an employer is not responsible for injuries that occur while an employee is going to or coming from work. However, there are exceptions to this rule. One exception covers employees that are performing errands for the benefit of the employer. It sounds as if you would fall within this exception. Therefore, under workers' compensation, your employer would be responsible for your medical expenses, payment of 2/3 of your wages if you are required to miss 7 days or more from work, and a lump sum payment for any impairment you suffer from your injuries. Additionally, you may recover damages from the at-fault driver for damage to your car, medical expenses (even though the expenses were already paid by workers' compensation), and pain and suffering to include any impairment you suffered from your injuries (even though you already recovered a lump sum payment for your impairment under workers' compensation). Basically, you are entitled to a double recovery.

If you have any other questions, feel free to call and I will be happy to assist you.

Al Martin

Clarkson, Walsh, Rheney & Turner, P.A.

1164 Woodruff Road

Greenville, SC 29607

(864) 232-4400

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Answered on 10/03/00, 9:38 am

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