The most common injuries experienced by delivery drivers include the following:
- Vehicle-related injuries. Given the amount of time spent on the road, delivery drivers are at risk of traffic accidents, which can lead to a wide range of injuries, from whiplash and concussions to more severe injuries like thoracic outlet syndrome, broken bones, traumatic brain injuries and spinal cord injuries.
- Slip-and-fall injuries. Injuries from slips, trips and falls, such as fractures, head injuries and back injuries, can occur when entering or exiting the delivery vehicle or when delivering packages, especially after dark, in bad weather conditions or on uneven surfaces.
- Dog bites and animal attacks. While delivering packages, drivers might encounter pets, leading to animal bites or attacks.
- Repetitive strain injuries. These injuries, such as carpal tunnel syndrome, tendonitis and arthritis, can develop over time due to repetitive tasks like driving, lifting or package handling.
- Musculoskeletal injuries. These are often the result of lifting heavy packages, repetitive motions or maintaining the same position for extended periods. Common examples include herniated discs, back injuries, knee injuries and shoulder injuries, all of which can lead to chronic pain.
Fortunately, these injuries are typically covered under workers’ compensation, provided they occur in the course of employment. Workers’ compensation is designed to cover injuries, illnesses and diseases that are work-related, regardless of fault, which includes most injuries that delivery drivers might sustain while performing their job duties.
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Are Injured Delivery Drivers Eligible for Workers’ Comp in South Carolina?
Yes, injured delivery drivers in South Carolina are generally eligible for workers’ compensation. In South Carolina, most employers with 4 or more employees are required to purchase workers’ compensation insurance for their workers, which provides certain benefits in the event of an on-the-job injury, illness or disease.
For a delivery driver to be eligible for workers’ compensation benefits in South Carolina, the following conditions need to be met:
- The driver must be an employee of the company, not an independent contractor. However, the distinction between an employee and an independent contractor can sometimes be complex and may require legal interpretation.
- The injury or illness must have occurred in the course of employment. For delivery drivers, this includes injuries sustained while driving, loading and unloading packages, and during other work-related activities.
- The injured driver must report the injury to their employer within a specific time frame and properly file a workers’ compensation claim according to South Carolina regulations.
It’s important for delivery drivers to understand their employment status and the process for reporting and filing a claim in the event of a work-related injury. If there are uncertainties or complexities in your case, especially regarding your status as an employee or independent contractor, it may be beneficial to consult a workers’ compensation attorney for assistance.
When Might a Delivery Driver Not Be Eligible for Workers’ Comp Benefits?
If you deliver packages for a large company like Amazon, UPS or FedEx, you’re likely covered under workers’ comp after an injury, but there are notable exceptions for delivery drivers working in certain sectors or under specific employment statuses.
They include:
- Independent contractors. Delivery drivers working as independent contractors for platforms like DoorDash and similar companies are typically not covered. These platforms often classify their drivers as independent contractors, who are not eligible for workers’ compensation benefits under the employer’s policy.
- Casual employees. Employees who do not have regular hours and are only called to work as needed, known as casual employees, are generally not covered.
- Small employers. Employers with an annual payroll of less than $3,000 in the previous year are not required to provide workers’ compensation insurance.
- State federal employees. Federal employees working in South Carolina are covered under federal workers’ compensation laws, not the state system.
If you fall into one of these categories and get injured on the job, there may be other avenues to recover compensation, including a personal injury lawsuit, depending on the specifics of your case. Your best bet is to reach out to a local work injury attorney who can help you understand your rights and legal options.
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How Much Does Workman’s Comp Pay in South Carolina?
Workers’ compensation provides several types of benefits to injured workers, and the amount paid depends on the nature and severity of the injury.
The key benefits include:
- Medical benefits. Workers’ compensation covers all necessary medical treatments related to the work injury. This includes doctor visits, hospitalizations, surgeries, medications, any necessary medical devices, and mileage reimbursement for travel to and from medical appointments.
- Death benefits. If a work-related injury or illness results in death, the worker’s dependents may receive death benefits, which include a portion of the worker’s wages and funeral expenses.
- Wage replacement benefits. These benefits are provided to compensate for lost wages due to a work-related injury or illness. They are typically two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by the state annually. As of 2023, the maximum weekly benefit in South Carolina was $1,035.78.
- Vocational rehabilitation. If the injury prevents the worker from returning to their previous job, they may be eligible for vocational rehabilitation services to help them find new employment.
It’s always recommended that you consult with a workers’ compensation attorney before accepting any workers’ compensation settlement to make sure you understand how much your claim is worth.
Does Workers’ Comp Pay for Pain and Suffering in South Carolina?
No, workers’ compensation does not cover pain and suffering. The workers’ compensation system is designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses.
Unlike personal injury lawsuits, workers’ compensation is a no-fault system that does not provide compensation for non-economic damages like pain and suffering. The primary goal of workers’ compensation is to ensure that injured workers receive necessary medical care and financial support for lost wages in a straightforward and efficient manner, without the need to prove fault or negligence.
What Steps Do I Need to Take To Get Workers’ Comp After an Injury in South Carolina?
To obtain workers’ compensation benefits after an injury in South Carolina, it’s essential that you take the following steps:
- Report the injury. Inform your employer about the injury as soon as possible, ideally within 24 hours. South Carolina law requires that injuries be reported within 90 days to maintain eligibility for benefits.
- Seek medical attention. Obtain medical treatment immediately. This helps to establish a link between your injury and your job. Your employer may direct you to a specific health care provider if they have a designated physician for workers’ compensation cases.
- Check that your employer filed a claim. After you notify them, your employer should report the injury to their workers’ compensation insurance carrier and notify the South Carolina Workers’ Compensation Commission. If they refuse to do so, you can begin the claim process yourself by submitting Form 50 to the Commission.
- Follow medical advice. While you wait for your claim to be processed, be sure to adhere to the treatment plan and recommendations given by your health care provider. Failure to comply with medical advice may affect your eligibility for benefits.
If you encounter issues such as a dispute over benefits or denial of your claim, or if you need guidance on complex aspects of your case, consider consulting an attorney.
Get Help From an Experienced Columbia Work Injury Attorney
If you’re a delivery driver who’s been injured on the job in South Carolina, you deserve a team that will advocate for your rights and understands the importance of a safe work environment.
At Smith, Born, Leventis, Taylor & Vega, we know that workplace accidents can leave you worried about affording medical care and paying your bills. Our dedicated Columbia workers’ compensation attorneys are here to ease those concerns.
We offer free, no-obligation consultations to provide you with the crucial help and information you need during this challenging time. Let us guide you on the road to recovery and ensure you receive the maximum compensation you’re entitled to.
Learn more about how we can help with your claim by scheduling a free consultation today.
References
Delivery Truck Drivers and Driver/Sales Workers : Occupational Outlook Handbook: U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. https://www.bls.gov/ooh/transportation-and-material-moving/delivery-truck-drivers-and-driver-sales-workers.htm#tab-3
