South Carolina Workers’ Compensation for Public Transportation Drivers

Did You Know?

According to a report by the Bureau of Transportation Statistics (BTS), about 11 million people in South Carolina use public transportation to move around our state.

Other Common Causes of Injuries for Public Transport Workers

Beyond the ever-present risk of road accidents, public transportation workers face a variety of hazards specific to their work environment, including:

• Slips, trips, and falls. Public transportation hubs can be busy places, and uneven surfaces, spilled liquids, or crowded walkways can all lead to slips, trips, and falls. These incidents can cause anything from minor cuts and bruises to serious injuries like broken bones or head trauma.
• Overexertion and repetitive strain injuries (RSIs). Lifting heavy equipment, maneuvering passengers with mobility limitations, exposure to constant vibrations, and repetitive motions like bending, pushing, and pulling can lead to muscle strain, tendonitis, and other repetitive stress injuries. Bus drivers, in particular, may experience chronic back pain from sitting for long periods.
• Assaults and violence. Unfortunately, public transportation workers can be targets for verbal abuse, threats, or even physical assaults from passengers. This can lead to emotional trauma as well as physical injuries.
• Exposure to elements. Bus drivers, train conductors, and maintenance workers may be exposed to harsh weather conditions like rain, snow, or extreme heat. This can cause heatstroke, hypothermia, or frostbite, depending on the season.
• Noise-induced hearing loss. Constant exposure to loud noises from engines, traffic, and passenger announcements can contribute to hearing loss over time.
• Exposure to illness. Public transportation workers are on the front lines when it comes to public exposure. Crowded environments, frequent contact with passengers, and potential contamination from surfaces all contribute to a higher risk of contracting contagious illnesses. This includes everything from COVID-19 to seasonal colds and flu to more serious respiratory diseases.

Due to the various risks, it’s crucial for employers to prioritize safety protocols, provide proper training, and offer personal protective equipment (PPE) when necessary to minimize these risks.

In the news:

Bus Crash Involving University of South Carolina Students Highlights Public Transit Risks

In April 2024, a bus carrying University of South Carolina students crashed, injuring multiple people and leaving the driver in critical condition. According to Trooper Cal Robertson with the Mississippi Highway Patrol, the incident involved 11 injuries and was described as a “large-scale event.”

The crash occurred after a front steer tire reportedly blew out, causing the bus to veer left and collide with a concrete wall. The impact ejected the driver through the front windshield. A quick-thinking student managed to grab the steering wheel and bring the bus to a stop, preventing further injuries.

This incident underscores the significant risks faced by drivers in such emergencies, highlighting the critical need for stringent safety measures and proper training.

Are Public Transportation Workers Entitled to Workers’ Compensation in SC?

Yes, most public transportation employees in South Carolina are entitled to workers’ compensation benefits for medical expenses, lost wages, vocational rehabilitation, and more, as long as they work for an employer with 4 or more employees.

Workers’ compensation in South Carolina operates on a no-fault basis, which means that employees do not need to prove that their employer was negligent or at fault for the injury.

This system is designed to ensure that injured workers receive the medical treatment and financial support they need without the burden of proving fault, making it easier and faster to get the necessary assistance after a work-related injury.

However, to qualify, workers must be able to prove that their injury or illness is work-related, meaning it occurred in the course of their employment while performing job duties. This is often much easier to do with injuries that occur from one-time accidents (like bus accidents) than with occupational illnesses and diseases, like hearing loss or carpal tunnel syndrome, that occur over time.

If you’re unsure if you qualify for workers’ comp or if your injury or health condition is covered, it’s a good idea to reach out to a local South Carolina workers’ compensation attorney who can explain your rights.

Understanding the Types of Workers’ Compensation Benefits

Learn about the different types of medical and financial benefits available to employees injured on the job in South Carolina.

Read more

What Steps Do Injured Transportation Workers Need to Take To File a SC Workers’ Comp Claim?

If you get injured on the job in South Carolina, it’s important to know that benefits aren’t automatic.

You’ll need to follow these steps to file a workers’ compensation claim:

1. Report the injury immediately. Notify your employer about the injury as soon as possible. South Carolina law requires you to report the injurywithin 90 days of the incident. Failing to do so may result in the denial of your claim.
2. Seek medical attention. Obtain medical treatment right away. Your employer may direct you to a specific medical provider approved for workers’ compensation cases. Ensure that you follow all medical advice and attend all follow-up appointments.
3. Submit the claim. Your employer is responsible for submitting your completed claim forms to their workers’ compensation insurance carrier and the South Carolina Workers’ Compensation Commission. Ensure that this step is completed. If they refuse to do so, you can file a claim yourself using Form 50.
4. Document everything. Keep detailed records of your injury, medical treatments, any communications with your employer, and all expenses related to the injury. This documentation will be crucial in supporting your claim.
5. Follow up on your claim. Stay in contact with your employer and the insurance company to monitor the status of your claim, and respond promptly to any requests for additional information.

If your claim is denied or you encounter any difficulties, consider consulting with a workers’ compensation attorney. An experienced attorney can help you gather evidence to support your claim and navigate the appeals process to ensure that your rights are protected.

Filing a Third-Party Claim in Addition to Workers’ Comp

A transportation driver may be able to file a third-party claim in addition to workers’ compensation if their injury was caused by the negligence of someone other than their employer or a co-worker. 

Common scenarios include accidents involving other vehicles, defective equipment, or unsafe conditions created by third parties.

Typically, in these cases, you would first file a workers’ compensation claim to cover medical expenses and lost wages. Because this is a no-fault system, benefits are provided regardless of who was at fault for the injury.

Next, you can file a third-party claim against the at-fault party, such as the driver of another vehicle, the manufacturer of defective equipment, or the owner of the property where the injury occurred.

A third-party claim can provide additional compensation not covered by workers’ comp, such as pain and suffering, emotional distress, and full wage loss.

By pursuing both workers’ comp and a third-party claim, transportation drivers can often maximize their compensation and cover all aspects of their injuries and losses.

Injured While Working in South Carolina Public Transportation? We Can Help!

The workers’ compensation process is often complex, so it’s wise to consult an experienced work injury attorney early on in the process, especially in cases of catastrophic injuries that require long-term medical care and prevent you from returning to work.

At Smith, Born, Leventis, Taylor & Vega, our dedicated team has experience in both workers’ compensation and personal injury law, so we understand the challenges you face and can help you navigate the claims process effectively.

We’ll use our extensive legal knowledge and experience to help you get the medical treatment and financial support you need to recover and move forward after an injury in public transit. 

Contact us today for a free consultation, and let us help you secure your future.

References

South Carolina Transportation by the Numbers. (n.d.). https://www.bts.gov/sites/bts.dot.gov/files/states2020/South_Carolina.pdf 

Transportation Accidents by Mode | Bureau of Transportation Statistics. (n.d.). Www.bts.gov. https://www.bts.gov/content/transportation-accidents-mode