Most people think of truck drivers as being to blame for all the accidents they are involved in behind the wheel. When a truck driver is hurt on the job, fault does not matter. Drivers can qualify for workers’ comp for truckers benefits when their injuries have occurred within the scope of their job duties. They can receive part of the wages they were not able to earn, as well as reasonable medical costs to treat their injuries. Before a truck driver can qualify for these benefits, they may need to overcome objections from their employer and the insurance company. Contact the experienced workers’ compensation attorneys at Williams & Roche for help with your claim.
Truck Driving Can Be a Dangerous Profession
Truck drivers can be hurt in many ways on the job. Of course, there is the obvious risk of a truck accident, which unfortunately happens far too often. Truck drivers are sitting in a wide-open cab, and their vehicle is at risk of rolling over or jackknifing in certain conditions.
In addition, truck driving can be a laborious and unhealthy profession. The long hours behind the wheel can cause musculoskeletal injuries because you are sitting in one place for a prolonged amount of time. Truck drivers are especially prone to back and neck injuries due to the position in which they sit for up to eleven hours at a time. Due to the stress and demanding nature of the job, you could also suffer various other health impacts.
Any injury that you suffer behind the wheel may be considered job-related. However, your employer and the insurance company may challenge certain claims that they believe are not directly related to your job when it comes to filing workers’ comp for truckers.
Does Workers’ Compensation Cover the Trucking Industry?
Workers’ compensation is mandatory for every employer in South Carolina with more than four employees. If you are a truck driver and you are driving for your employer at the time of the accident, you should be covered by workers’ compensation insurance. It does not matter whether you were negligent; as long as you were on the job when the accident happened, you can receive workers’ compensation benefits. South Carolina has no-fault accidents, although it is not always this easy in practice.
What if I Was Misclassified as an Independent Contractor?
Many companies try to classify their drivers as independent contractors. They do this because they do not want to pay certain employee benefits, such as overtime and covering the cost of workers’ comp for truckers insurance. Independent contractors are not entitled to workers compensation benefits because they are not considered employees.
However, the employer does not get to call a driver anything that they want because it is convenient for them. There is a test for when a driver would be considered an employee and not an independent contractor. It is entirely possible for a judge to step in and grant you benefits because the company has misclassified you. A judge would look at the reality of your situation, including factors such as whether the company has control over you and directs your driving, as indicators of whether you really are an employee. We have successfully represented workers who have challenged their classification as independent contractors.
What You Can Receive in Workers’ Compensation Benefits
Workers compensation benefits are a valuable lifeline when you have been injured on the job and you cannot fully work. You may receive the following benefits:
- 2/3 of your lost wages up to a statutory cap, which is the average weekly wage in South Carolina
- Reasonable costs to treat your injury, including doctors’ fees, hospital stays and rehabilitation
- Vocational training to either help you perform your job or find a new one if you can no longer do so
If a truck driver died in an accident, there is a death benefit that could compensate the family and pay for some funeral and burial expenses.
How Williams & Roche Can Help You
As former Commissioners on the South Carolina Workers’ Compensation Commission, we have seen how employers and insurance companies can take advantage of what seemed like legal loopholes to deny you the benefits that you deserve. Our unique vantage point can help you formulate arguments that can help you fight back. First, we can contact the insurance company directly to attempt to resolve the matter. Second, we can file a claim on your behalf where we would argue why you deserve workers’ compensation benefits.
It generally helps to have an attorney on your side during the workers’ compensation process because of his legal nature. When you hire the lawyers at Williams & Roche, we can do the following for your case:
- Assist in preparing your workers’ compensation claim (if you have a difficult claim, it may make sense to hire an attorney beforehand, anticipating any issues you may encounter)
- Represent you when you are asked to attend an independent medical examination with the possibility of being told that you must return to work
- Fight for you to get the medical care that you need when the insurance company is saying that it is either unreasonable or unnecessary
- Negotiate a workers’ compensation settlement when you are permanently disabled
- Answer any questions that you have about the workers’ compensation legal process
Contact a Truck Driver Workers’ Comp Lawyer in Columbia, SC
If you are a truck driver who has been injured on the job, you should consider getting legal help today. Reach out to the experienced workers’ compensation attorneys at Williams & Roche to learn more about the claims process and how we can assist you. If your claim has been denied, you will need an attorney to represent you in the process. You can schedule a free initial consultation with one of our dedicated attorneys by sending us a message through our website or by calling us today at 803.784.0503. There is no fee whatsoever unless you win your case.
