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If you were injured in a car accident while working in Charlotte, North Carolina, you may be eligible for workers’ compensation—but only under specific circumstances. North Carolina law covers injuries that occur “in the course of employment,” which generally includes job-related travel but excludes ordinary commuting. In this post, our North Carolina workers’ comp attorneys explain how the law defines work-related travel, outlines common scenarios where coverage applies or is denied, and offers guidance on what to do if you’re hurt in a work-related crash. Understanding these rules can help you protect your rights and avoid costly mistakes.
What Does “In the Course of Employment” Mean Under NC Workers’ Comp Law?
To qualify for workers’ compensation benefits in North Carolina, your injury must occur while performing duties that benefit your employer. This is known as being “in the course of employment.” Covered travel scenarios often include:
- Driving between job sites
- Making deliveries or transporting goods
- Traveling to off-site meetings or training sessions
- Running errands at your employer’s direction
However, North Carolina’s “coming and going rule” excludes injuries that occur during your regular commute between home and your usual workplace. Unless your travel involves a special assignment or is a core part of your job duties, commuting accidents are not covered.
Additionally, if you were on a personal errand or took an unauthorized detour during work hours, your claim may be denied. On the other hand, if your employer explicitly directed you to travel or perform a task off-site, and you were injured during that travel, you may be eligible for benefits.
In Charlotte, workers in industries like construction, delivery, home healthcare, and field services are more likely to qualify for workers’ comp after a car crash, since their jobs often involve travel beyond a fixed location.
When Are Car Accidents Covered by Workers’ Comp in NC?
Covered Scenarios
You may be eligible for workers’ compensation if your accident occurred while:
- Traveling between multiple job sites during your shift
- Delivering goods or materials for your employer
- Attending an off-site meeting, training, or work event
- Performing a special errand at your employer’s request
Not Covered
Workers’ comp generally does not apply if the accident happened while:
- Commuting from home to your regular workplace
- Running a personal errand unrelated to work
- Taking an unauthorized detour from your assigned route
What About Gig Workers and Remote Employees?
For gig workers and remote employees in Charlotte, eligibility depends on the nature of the work and the level of control the employer has over the tasks. If driving is part of your assigned duties, such as delivering food or transporting clients, you may qualify for workers’ comp. Courts will examine whether the trip served a business purpose and benefited the employer.
In all cases, it’s critical to document the reason for your travel and any instructions from your employer. This documentation can be key to proving your claim.
Special Considerations for Independent Contractors
North Carolina workers’ compensation benefits are generally available only to employees, not independent contractors. However, many workers are misclassified. Even if a company labels you as an “independent contractor,” the law looks at the actual nature of the relationship. If the company controls your schedule, directs how the work is performed, provides the tools or equipment, or has the right to terminate the relationship, you may legally be an employee.
If you are misclassified, you can still qualify for workers’ compensation, including for work-related travel injuries. Understanding your true employment status—and gathering documentation showing how the company controlled your work—can make a critical difference in the outcome of your claim.
Steps to Take After a Work-Related Car Accident in North Carolina
If you’re injured in a car crash while working, take the following steps promptly:
- Call 911 and report the crash. This ensures that a police report of the incident is generated, which can be important for insurance and workers’ compensation purposes.
- Notify your employer about the accident as soon as possible.
- Seek medical treatment and keep detailed records of your diagnosis and care.
- File a workers’ compensation claim with the North Carolina Industrial Commission
If your claim is denied, you have the right to appeal. In some cases, you may also have a personal injury claim against a third-party driver who caused the crash. While workers’ comp generally prevents you from suing your employer, it does not bar you from pursuing legal action against a negligent driver who is not affiliated with your company.
A knowledgeable workers’ compensation attorney can help you gather evidence to show that your travel was job-related—especially if your employer disputes the claim or the facts are unclear.
Common Misconceptions About Workers’ Comp and Car Accidents in NC
Many Charlotte workers are unsure how workers’ compensation applies to car accidents. Here are some common myths and the facts behind them:
- Myth: All car accidents during work hours are covered
Reality: Only if the travel was part of your job duties or authorized by your employer
- Myth: Personal errands during work hours are covered
Reality: Not unless your employer specifically instructed you to complete the errand
- Myth: Workers’ comp prevents all lawsuits
Reality: You can still sue a third-party driver who caused the crash
- Myth: Fault doesn’t matter
Reality: Workers’ comp is no-fault, but fault is crucial in a personal injury claim against a third party
Understanding these distinctions can help you make informed decisions and avoid jeopardizing your claim.
Protecting Your Rights After a Work-Related Car Crash in Charlotte
If you’ve been injured in a car accident while working in Charlotte, don’t assume you’re automatically covered—or automatically denied. The specific facts of your case matter. At Bradford Law, we help injured workers understand their rights, gather the documentation they need, and pursue the compensation they deserve. Contact us today for a free consultation to discuss your workers’ comp or personal injury options.
