Approximately 2.6% of heavy and tractor-trailer truck drivers suffer an on-the-job injury each year. In 2023, 114,552 large trucks were involved in traffic crashes resulting in injury in the United States. In 2018, there were 914 fatal occupational injuries to truck drivers, including injuries from traffic crashes and other causes.

There are millions of truck drivers in the United States. Some travel a short distance, but many travel out of state. Whatever your situation, danger is always present. You need to know about truck driver workers’ comp. Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law can help.

Understanding Workers’ Compensation for Truck Drivers

It may be possible to get workers’ compensation if you’re injured as a truck driver. To receive compensation, you must report the workplace injury and follow the steps to claim your compensation.

When an injury occurs out of state, there may be questions about where to file the case and what state law applies. To receive workers’ compensation, you usually must be an employee and not an independent contractor. Whether you’re an independent contractor may depend on how you’re labeled as a worker. It can also depend on how the work is managed and how much you are supervised and directed.

Most states require the worker to obtain medical care from a provider chosen by the employer. If there is an emergency or if urgent care is needed, this requirement usually doesn’t apply, and you can seek care from the nearest appropriate healthcare provider. This is how it works in South Carolina.

Different states have different time limits for reporting an on-the-job injury. Many states require the report to be made in writing. Report the accident to your employer, in writing, as soon as possible.

Lawyer for Truck Driver Workers’ Compensation

You may have a lawyer represent you in a truck driver’s workers’ compensation claim. A lawyer can protect your rights, evaluate how to pursue your case, and make sure that you receive the benefits you deserve. If your employer challenges the claim, refuses necessary medical care, or fails to pay fair compensation, the lawyer can pursue the case by hearing or settlement.

Call Bobby Jones Law to talk to a lawyer for truck driver workers’ compensation.

Common Accidents Among Greenville Truck Drivers

Examples of common accidents involving Greenville truck drivers include:

Car accidents
Run over accidents
Pinch points
Fire
Electrical incidents, electrocution
Contact with objects and equipment
Exposure to harmful substances
Falling or uneven load
Slip and fall, fall from elevated height

Accidents can result from carelessness, fatigue, drunk driving, weather conditions, distracted driving, and other causes. Mechanical failures, truck design defects, and other factors may contribute to traffic accidents. Injury can also occur due to poor judgment, load shifting, inadequate maintenance, and insufficient safety measures.

Common Injuries Among Greenville Truck Drivers

Here are some common injuries for Greenville truck drivers:

Broken bones
Crushing injury, internal organ damage
Paralysis
Repetitive strain
Burns, smoke inhalation
Cuts, bruises
Chronic pain
Sprains and strains, muscle tears
Wrongful death

Are Long-Haul Drivers Covered Under South Carolina Workers’ Comp?

Yes, long-haul drivers are covered under South Carolina workers’ comp if the driver is an employee rather than an independent contractor.

Filing a Workers’ Comp Claim for Injuries Outside of State Lines

Interstate travel is the nature of trucking, so many workplace injuries occur out of state. An important question for workers’ compensation for truckers is how it works when the injury occurs in another state.

Unless you work for the federal government, workers’ compensation is state-specific, meaning the laws vary from state to state. Workers’ compensation administration is generally handled by a state industrial commission or similar state authority.

South Carolina law allows covered employees to file in the state where they are:

Hired
Injured
Employed

The law prohibits double recovery from multiple states.

Different states have different rules for when employees can file for workers’ compensation if injured away from their home state. What’s best for your situation may depend on the specific circumstances.

Bobby Jones Law is a workers’ compensation law firm that can assist you in evaluating jurisdiction and where to file your claim.

What To Do After a Trucking Injury on the Job

After a trucking injury on the job, ensure your immediate safety. Avoid imminent dangers like traffic in the area or fire risk. Call 911 if anyone may be hurt or if there is another emergency situation. Seek emergency or urgent medical attention for injuries. Remember that injuries may be more serious than you realize at first.

If you’re in a traffic accident, contact law enforcement to report it.

Save evidence. Take photos or have someone take photos.

Report the accident to your employer. Tell them that you are hurt, and ask to file an injury report for workers’ compensation. For South Carolina claims, your employer will direct you to medical care once the emergency has passed.

The next steps to protect your right to workers’ compensation may vary. In South Carolina, you file a Notice of Claim. You may request a hearing and may have legal representation at any point in your case.

Can You File a Third-Party Claim After a Truck Accident Injury?

It may be possible to file a third-party claim after a truck accident injury. Usually, workers’ compensation is the only remedy through the employer. However, if someone else is responsible for negligence, you may qualify for a third-party claim.

When there are grounds for a third-party claim, it may increase overall compensation. Non-economic damages, such as pain and suffering, may be payable. But it’s important to strategically evaluate what to pursue. Double recovery is not allowed, and the employer may recoup benefits paid that are recovered through a third-party claim.

How Fatigue and Overexertion Contribute to Workplace Injuries

Fatigue and overexertion can impair physical and mental ability. A worker may not realize they are not performing a task correctly or may not have sufficient physical strength.

Workplace injuries attributed to fatigue and overexertion result in time away from the job or job restrictions at a high rate. A worker may be more likely to suffer reinjury or additional injury in the future.