A Guide to SC Workers’ Comp Benefits for Truck Drivers
Learn about your rights to workers’ comp benefits and how to maximize your claim after an injury driving a truck for work in Columbia
If you’re a commercial truck driver in South Carolina, you’re probably already aware that you face numerous challenges and health hazards because of your job. Long hours, physical demands, and exposure to dangerous conditions increase your risk of injury, making workers’ compensation an important lifeline for truck drivers who get injured at work.
Understanding if you qualify for workers’ comp benefits and the steps required to file a claim is crucial, as this information can help you secure the support you need to recover.
If you’ve been injured driving a truck in South Carolina, Smith, Born, Leventis, Taylor & Vega can help. Our Columbia workers’ compensation attorneys can guide you through the claims process to help you recover maximum benefits. Learn more by scheduling a free consultation.
What are the risks of being a truck driver?
Many issues can arise from being employed as a commercial truck driver. From spending so much time seated in one position, unloading and handling heavy freight, and driving on busy roads and highways, truck drivers can face several generalized risks, such as:
- Accidents and collisions. Due to long hours on the road and the potential of heavy traffic, truck drivers are at a high risk of being involved in accidents with other vehicles, which can result in serious injuries or fatalities. Notably, driver distraction and errors, as well as adverse weather conditions, such as heavy rain, snow, or ice, can create dangerous driving environments and increase the likelihood of accidents.
- Physical strain. Repetitive motions, often attributed to the routine of securing loads with chains and ratchet straps, can lead to musculoskeletal injuries, including back pain, joint issues, and repetitive strain injuries like carpal tunnel syndrome and tennis elbow. According to the Occupational Safety and Health Administration (OHSA), 50% of truck driver injuries can be classified as strains and sprains.
- Fatigue and sleep disorders. Irregular schedules, long hours, and insufficient rest can cause fatigue and sleep disorders, increasing the risk of accidents and negatively impacting overall health. Fatigue and lack of sleep often contribute to physical ailments over time.
- Exposure to hazardous materials. Drivers transporting hazardous materials (hazmat drivers) face the risk of exposure to harmful substances, which can lead to respiratory problems, skin conditions, burns, and other serious health issues.
- Health issues due to a sedentary lifestyle. Time spent driving with limited access to healthy food options can lead to obesity, cardiovascular problems, and other chronic health conditions. Moreover, sitting in the same position for many hours a day can lead to chronic pain and body aches.
It’s also important to highlight the mental health challenges associated with driving a commercial truck. The isolation of long hauls, tight deadlines, time away from family, and limited access to health care can all contribute to mental health issues.
A study by the National Center for Biotechnology Information (NCBI) involving 316 truckers revealed that 27.9% struggled with loneliness, 26.9% suffered from depression, 20.6% had chronic sleep disturbances, 14.5% experienced anxiety, and 13% reported other emotional problems.
These mental health challenges can be as serious as the physical injuries truck drivers may encounter. If you or someone you know needs help with mental health issues, you can find support and local resources by calling the SAMHSA hotline at 1-800-662-HELP (4357).
Can I Get South Carolina Workers’ Comp
for a Pre-Existing Condition?
A guide to help you understand your right to workers’ comp benefits when a work injury makes your pre-existing condition worse.
What is the leading cause of truck driver injuries?
The leading cause of serious injuries and fatalities for truck drivers is vehicle accidents.
In fact, according to the Bureau of Labor Statistics (BLS), in 2022, transportation accidents accounted for 51 (39%) of all 132 fatal workplace injuries within the state of South Carolina.
Collisions with other vehicles, particularly rollovers and jackknife accidents, can lead to catastrophic injuries for truck drivers, including traumatic brain injuries, permanent spinal cord injuries, internal bleeding, and fractures.
Is truck driving hard on your knees?
Yes, driving a truck can be very hard on your legs, knees, and feet over time. Some specific issues that truck drivers often develop include:
- Driver’s leg syndrome is a term used to describe conditions such as Piriformis syndrome and Sciatica that affect individuals who spend long periods driving. Both conditions can be exacerbated by prolonged sitting and repetitive movements associated with driving.
- Piriformis syndrome occurs when the piriformis muscle compresses the sciatic nerve, causing pain, numbness, or a stinging sensation in the muscles in the buttocks and down the leg.
- Sciatica involves similar symptoms but is specifically related to irritation or compression of the sciatic nerve, often due to herniated discs or spinal issues.
- Trucker’s knee, also known as driver’s knee or patellofemoral pain syndrome, is a common knee injury affecting people who spend a lot of time sitting and driving, such as truck drivers. It can lead to chronic pain in the kneecap.
- Driver’s foot, also known as driver’s foot syndrome, is a condition that affects individuals who spend long periods driving and using their foot to operate the pedals. This repetitive motion can lead to various issues in the foot and ankle, resulting in cramping, pain, and discomfort.
These are not specific medical terms, but they’re still causes for concern. Without proper treatment, these conditions can worsen and cause long-term issues, impacting a driver’s ability to work and their overall well-being.
Do truck drivers get workers’ comp in SC?
Yes, truck drivers in South Carolina are generally eligible for workers’ comp benefits after a work-related injury or occupational illness. If you work for an employer that employs 4 or more workers in South Carolina, your employer is usually required to have workers’ compensation insurance.
However, you must be an employee. Independent contractors do not qualify.
It’s also important to note that while you don’t need to prove that your employer is at fault for your accident or condition, you must be able to prove that your injury, illness, or disease is the direct result of your job. This is often easier to prove with injuries from one-time accidents than with injuries or diseases that occur over time.
What if I caused the vehicle accident that led to my injuries? Can I still get workers’ comp?
Yes, as a truck driver, you’re eligible for workers’ compensation benefits even if you caused the accident. Workers’ compensation is a no-fault system, meaning it covers injuries sustained on the job regardless of who was at fault.
However, there are exceptions. Workers are generally not entitled to workers’ comp if it can be proven that their accident or injuries resulted from intoxication, roughhousing, or horseplay.
What does workers’ comp cover for truck drivers in SC?
Workers’ compensation provides a range of benefits to truckers and other employees who suffer job-related injuries, illnesses, or diseases, including:
- Medical benefits. All necessary medical expenses related to the work injury, such as doctor visits, hospital stays, surgeries, medications, and physical therapy, are covered.
- Wage loss benefits. If a truck driver is unable to work due to their injury, workers’ comp provides wage replacement benefits, typically two-thirds of the average weekly wage, to help cover lost income during the recovery period.
- Vocational rehabilitation benefits. These benefits offer assistance with retraining and job placement services if the truck driver cannot return to their previous job due to their injury, helping them transition to new employment.
- Death benefits. In the tragic event of a work-related death, workers’ comp provides death benefits to the dependents of the deceased truck driver, which can include funeral expenses and ongoing financial support.
The specific amount of compensation you can receive will vary depending on the severity of your injury and its impact on your ability to work.
When Will I Get a Settlement Offer
From Workers’ Comp?
Learn when you’re most likely to get a settlement offer from workers’ comp and how to know if you should accept it.
What are the steps for filing workers’ comp in SC?
If you’re a truck driver in South Carolina and you’re injured on the job, you’ll need to take the following steps to ensure you receive the benefits you’re entitled to:
- Report the injury or illness. Inform your employer in writing as soon as possible. Typically, this must be done within 90 days of the injury or the discovery of the occupational illness or disease, or your claim may be denied.
- Seek medical treatment. Never delay seeking medical attention after an injury or the discovery of a work-related disease, as this could make it harder to tie the condition to your employment. Also, be sure to mention to the health care provider that your injury or disease occurred at work.
- Verify that your employer files a claim. After your employer is notified of your injury or illness, they must file a claim on your behalf by submitting Form 50 to the South Carolina Workers’ Compensation Commission. If they refuse to do this, you can file it yourself, but this is likely an indication that they’re going to challenge or deny your claim, so you should consider contacting an attorney to help protect your rights.
If you encounter difficulties during the claims process or want help determining how much your claim is worth, reach out to a workers’ compensation attorney.
How can I get help with my workers’ comp claim in SC?
A serious work injury can be financially devastating, leading to soaring medical bills and lost wages. But you are not alone.
At Smith, Born, Leventis, Taylor & Vega, our skilled Columbia workers’ compensation attorneys understand the unique challenges truck drivers face when filing a claim. That’s why we’re dedicated to guiding you through the process and fighting tirelessly to secure the compensation you deserve during your recovery.
Contact Smith, Born, Leventis, Taylor & Vega to set up a free consultation today and find out how we can help you maximize your benefits.
References
Fatal Occupational Injuries in South Carolina — 2022 : Southeast Information Office : U.S. Bureau of Labor Statistics. (2024.) https://www.bls.gov/regions/southeast/news-release/fatalworkinjuries_southcarolina.htm
Shattell, M., Apostolopoulos, Y., Collins, C., Sönmez, S., & Fehrenbacher, C. (2012b). Trucking organization and mental health disorders of truck drivers. Issues in Mental Health Nursing, 33(7), 436–444. https://doi.org/10.3109/01612840.2012.665156
Trucking Industry – Related Safety and Health Info | Occupational Safety and Health Administration. (n.d.). www.osha.gov. https://www.osha.gov/trucking-industry/safety-information
