Workers’ Compensation for Truck Drivers

According to the U.S. Bureau of Labor Statistics, the incidence rate of nonfatal injuries among truck drivers was 262.1 cases per every 10,000 full-time equivalent workers as of 2018. Most truck drivers who are injured on the job may be entitled to compensation through their employer’s workers’ comp insurance. Learn more about workers’ compensation for truck drivers in Greenville and see how an experienced workers’ compensation attorney can help if your claim has been denied.

Are All Truck Drivers Eligible for Workers’ Comp?

If you are regularly employed and receive a W-2 from your employer, you are likely eligible for workers’ comp benefits in case you become injured or ill as a result of your regular job activities. Businesses with four or more employees are required by law to carry workers’ compensation coverage for their employees.

However, you may not be covered if you are one of many truckers that work as an independent contractor driving for multiple companies or driving your own truck or otherwise receive a 1099 wage statement. In addition, if you work for an employer that is exempt from the requirement of providing workers’ compensation coverage, you may not be eligible for workers’ comp benefits. Employers that are exempt from workers’ comp coverage include businesses with less than four employees, companies with a yearly payroll of less than $3000, agricultural businesses, county, and state fair associations, and railroad companies. If you believe you should be covered by workers’ comp or have been misclassified as an independent contractor, you may want to consult a workers’ comp lawyer to discuss your case.

No-Fault Rule

The no-fault rule for workers’ compensation claims means any employee who is injured on the job and eligible for workers’ comp benefits may file a claim regardless of who may have been at fault for the accident, and they do not need to prove liability (unlike in a traditional lawsuit for personal injury).

That also means employers who offer workers’ compensation coverage cannot be sued by an employee after a work accident in most cases. However, if your injury was caused by someone other than your employer (such as an independent contractor or vendor), you may be able to seek compensation from that third party through either a liability insurance claim or a personal injury lawsuit. Consult an attorney in Greenville with knowledge of workers’ comp claims for truck drivers to find out the most suitable option for your case.

How Do I File a Workers’ Comp Claim for a Trucking Injury?

The process of filing for workers’ comp after a trucking-related injury begins by reporting the accident to your employer as soon as possible, and it is best to do so in writing and obtain a copy of the injury report for your own records. Your employer should then report the accident to the SCWCC (South Carolina Workers’ Compensation Commission).

If your employer doesn’t report your injury, you should do so yourself through the SCWCC website, where you can file the appropriate forms online. The insurance company will then make a decision and approve or deny your claim. If your claim is approved, you will then be referred to a doctor approved by your employer’s insurance. If you choose to see a different doctor, your medical expenses may not be covered.

Many workers’ comp claims get unfairly denied. Other times, injured truckers get paid much less than what they deserve. When this happens, a Greenville attorney could help get a truck driver’s workers’ compensation claim reconsidered.

Call a Lawyer in Greenville Who Knows About Workers’ Compensation Claims

At the Eller Frye Law Firm, injured truck drivers can get the legal help and representation they need to ensure they will be treated fairly and receive maximum benefits after a work injury. If your claim for workers’ compensation for truck drivers in Greenville has been denied or delayed, reach out to our office and request a no-commitment consultation to discuss your case and learn how we can help you.