Charleston, South Carolina Delivery Driver Accident Lawyers

While workplace accidents can occur in many different ways, the U.S. Department of Labor reported that recent statistics indicate that transportation accidents were the leading cause of workplace deaths. South Carolina’s Workers’ Compensation Law aims to protect employees injured on the job, including delivery drivers. Most employers with four or more employees must provide workers’ compensation insurance coverage. This coverage ensures that workers receive medical treatment and wage replacement if they suffer job-related injuries or illnesses.

South Carolina workers comp cases can be complex, especially for delivery drivers, because many employers classify delivery drivers as “independent contractors” rather than employees.

It is essential that you contact an experienced South Carolina workers’ compensation attorney to ensure that you recover the compensation you deserve. The Charleston delivery driver accident attorneys at the Steinberg Law Firm have years of experience successfully representing South Carolina workers in their workers’ compensation claims. Contact our office at 843-720-2800 to schedule a free initial consultation to discuss your workers’ compensation car accident claim. 

South Carolina Workers Compensation Benefits 

South Carolina’s workers’ compensation benefits provide essential support for delivery driver employees who suffer workplace injuries or illnesses. These benefits are designed to ensure that injured drivers receive appropriate medical care and financial assistance while they recover or adjust to life with a disability. 

Medical Treatment

In South Carolina, workers’ compensation covers all necessary medical expenses related to workplace injury or illness. This includes doctor’s visits, surgeries, medications, rehabilitation, and other medical treatments. The injured worker typically doesn’t have to pay out-of-pocket for these medical expenses.

Permanent Partial Disability (PPD)

In cases where the injury results in a permanent impairment, workers may receive PPD benefits. The amount varies based on the type and extent of the disability, with the South Carolina Workers’ Compensation Commission’s guidelines determining the compensation. There are many complexities in cases involving permanent injury and seeking the advice of an experienced workers’ comp lawyer is highly recommended. 

Temporary Total Disability (TTD)

If a worker’s injury temporarily prevents them from working, they may be eligible for TTD benefits. These benefits provide wage replacement, typically at a rate of two-thirds of the worker’s average weekly wage, up to a state-defined maximum.

Death Benefits

If a workplace accident results in a fatality, the surviving dependents may be eligible for death benefits, including compensation for funeral expenses and ongoing financial support.

These benefits are administered and overseen by the South Carolina Workers’ Compensation Commission, which ensures compliance with state laws and regulations. It’s essential to consult with an attorney to understand specific benefit details and eligibility criteria as they may evolve. 

Can You Collect Workers’ Compensation After a Vehicle or Car Accident?

In South Carolina, workers’ compensation benefits generally apply to injuries and illnesses that occur in the course of employment, but collecting workers’ compensation insurance after a car accident can be more complex. Workers’ compensation typically covers injuries that result from job-related activities, and while commuting to and from work is usually not covered, there are exceptions and nuances to consider.

The Going and Coming Rule

Under the “going and coming” rule, injuries sustained during regular commutes are typically not covered by workers’ compensation because they are considered outside the scope of employment. However, there are exceptions to this rule. If the employee is engaged in a special errand for the employer or their work requires them to be on the road, such as a traveling salesperson or delivery driver, an injury in a car accident during such work-related travel may be compensable.

Traveling Employees

South Carolina recognizes that some employees, such as those with no fixed workplace or those required to travel extensively for their jobs, have a broader scope of employment. In such cases, injuries sustained in a car accident while on the job or traveling for work-related purposes may be eligible for workers’ compensation benefits.

Arising Out of Employment

To qualify for workers’ compensation benefits after a car accident, the injured party must demonstrate that the injury “arose out of” and “in the course of” their employment. This means that the accident must have a direct connection to their job duties or requirements.

While South Carolina’s workers’ compensation system primarily covers injuries directly related to employment activities, exceptions and nuances may allow for compensation in car accident cases involving work-related travel or duties. 

Types of South Carolina Workers’ Compensation Claims Involving Car Accidents

Workers’ compensation typically applies to car accidents if the accident occurs while an employee is engaged in work-related activities or duties. This can include situations where an employee drives a company vehicle, runs errands for their employer, or conducts work-related travel.

Delivery Driver Accidents

Imagine a delivery driver employed by a restaurant in South Carolina. One evening, while making a delivery, they are involved in a car accident caused by another driver running a red light. The delivery driver sustains injuries, including whiplash and a fractured wrist. Since the driver was engaged in work-related duties during the accident, their injuries are eligible for workers’ compensation benefits. They can seek compensation for medical expenses, including the cost of treating their wrist fracture and whiplash, as well as wage benefits while they recover and cannot work. Additionally, if they require vocational rehabilitation to return to work, workers’ comp may cover those costs.

Sales Representative Accident

A sales representative for a company in South Carolina is required to travel frequently to meet clients. While driving to a client’s office for a business meeting, the representative is rear-ended by another vehicle, resulting in severe back and neck injuries. These injuries require surgery and extensive rehabilitation. The sales representative is unable to work during their recovery, and their medical bills pile up. Because the accident occurred while they were carrying out their work duties, they can file a workers’ compensation claim. Their claim may cover the cost of surgery, medical treatments, and rehabilitation and provide partial wage benefits until they can return to work. Additionally, if the injuries result in a permanent partial disability, they may be eligible for ongoing benefits based on the extent of their impairment.

Is Your Employer Disputing Workers’ Compensation Coverage?

When an employer in South Carolina disputes workers’ compensation coverage, it initiates a legal process that can have significant implications for the injured worker. If your employer is disputing your eligibility for workers’ comp benefits after a car accident, it is vital that you consult with an attorney to learn about your rights. 

Mediation

The parties may opt for mediation if informal negotiations fail to yield a resolution. Mediation involves a neutral third party who helps facilitate discussions and negotiations between the employer and the injured worker. The goal is to reach a mutually acceptable agreement. Having a knowledgeable workers’ compensation attorney represent you at mediation is imperative for a successful outcome. 

Formal Hearing

If mediation is unsuccessful, the dispute may proceed to a formal hearing before the South Carolina Workers’ Compensation Commission. Both parties present evidence, witness testimony, and arguments to support their positions during the hearing. The Commissioner then makes a decision based on the evidence presented.

Appeal Process

Either party can appeal the Commission’s decision if dissatisfied with the outcome. The appeal process typically involves the South Carolina Court of Appeals and, in some cases, the South Carolina Supreme Court.

Ultimately, the dispute will be resolved through negotiation, mediation, the formal hearing process, or it will result in a court decision if appealed. The outcome may involve:

• The awarding of workers’ compensation benefits.
• The denial of the claim.
• A modified determination of benefits based on the evidence presented.

Throughout this process, it is crucial for an injured worker to have legal representation. An experienced Charleston workers’ compensation attorney can protect their rights, gather evidence, and present a solid case to ensure they receive the benefits they deserve. 

How Can an Attorney Help with Workers’ Comp Claim 

Hiring an attorney to assist with a workers’ compensation claim in South Carolina can be instrumental in ensuring that injured workers receive the benefits they deserve and navigate the complex legal process effectively. Here’s how an attorney can help:

Workers’ Compensation Attorneys are well-versed in South Carolina’s intricate laws and regulations. They can interpret the law and advise you on your rights and entitlements, ensuring you receive all the eligible benefits. Further, the workers’ compensation process can be daunting, involving extensive paperwork, strict deadlines, and complex procedures. An attorney can guide you through every step, from initial filing to appealing a denied claim, ensuring all requirements are met. Moreover, experienced attorneys know what evidence is necessary to substantiate your claim. They can help you collect medical records, witness statements, and other documentation to support your case. 

Insurance Companies often try to minimize payouts. An attorney can skillfully negotiate on your behalf, advocating for a fair settlement that covers medical expenses, wage replacement, and other necessary benefits. If your claim is disputed or denied, an attorney can represent you in formal hearings and appeals before the South Carolina Workers’ Compensation Commission.

They will present a strong case, cross-examine witnesses, and fight for your rights. Attorneys work diligently to maximize the benefits you receive, whether it’s TTD, PPD, vocational rehabilitation, or other forms of compensation. 

Some employers may take adverse actions against employees who file workers’ comp claims. Attorneys can help protect you from retaliation or wrongful termination and ensure your job security.

Have You Been Injured in a Delivery Driver Car Accident?

If you were recently hurt in a motor vehicle collision while working as a delivery driver, the dedicated Charleston workers’ compensation lawyers at the Steinberg Law Firm are here to help. At our personal injury and workers’ compensation law firm, we’ve been representing injured workers for over 95 years. In fact, Irving Steinberg, the founder of the Steinberg Law Firm, helped draft the first version of the South Carolina Workers’ Compensation Act. We offer all prospective clients a free consultation, during which we will answer your questions, explain the workers’ compensation process, and explain how we can help. To learn more and to schedule a free consultation today, call the Steinberg Law Firm at 843-720-2800. You can also reach us through our secure online contact form.