Delivery Driver Injury Lawyer

Delivery truck drivers pick up, transport, and drop off packages and small shipments within a city or region. A delivery driver has a physically demanding job with one of the highest rates of injuries and illnesses of all occupations. Delivery drivers do a lot of lifting, carrying and walking. Driving in congested traffic or adhering to strict delivery timelines can also be stressful. Anyone in a job that requires driving runs the risk of injury in a motor vehicle accident.

injured worker filling out workers comp claim paperwork in South Carolina
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If a delivery driver is injured while on the job in South Carolina, he or she may be entitled to workers’ compensation benefits, including payment of all medical care and replacement of lost wages. Unfortunately, it is not unusual for an employer to try to deny an injured delivery driver’s workers’ comp claim. Most workers have little understanding of the S.C. workers’ compensation system and their rights if an employer disputes a workers’ comp claim.

For more than 50 years, the workers’ compensation attorneys at Joye Law Firm have helped injured workers in South Carolina obtain the benefits available to them by law. From our offices in Charleston, Columbia, Myrtle Beach and Clinton, our attorneys have helped delivery drivers and other workers across South Carolina seek full benefits to move forward with their lives after suffering serious injuries on the job.

If you or a loved one has been injured while working as a delivery driver in South Carolina, contact Joye Law Firm today to schedule a free consultation to understand your rights regarding claiming workers’ compensation benefits for you. There is no obligation for you. If our attorneys handle your workers’ comp benefit claim, we do not receive a legal fee unless you get paid. Phone 888-324-3100 to learn more now.

Delivery Drivers Face Multiple Injury Risks

Driving a delivery truck or van is a multi-faceted job. It involves driving duties, handling packages and interacting with the public. Delivery drivers prepare associated delivery records and receipts and are responsible for keeping their vehicles and associated equipment in good working order.

Most delivery drivers work from instructions for specific delivery destinations and deadlines. Other drivers have regular delivery schedules and routes. Delivery drivers are often responsible for loading materials they are to deliver.

Making deliveries on time requires working in all types of weather, including rain, ice, snow and extreme summer heat. Delivery drivers who have regular routes sometimes begin work very early in the morning or work late at night.

Accidents that commonly lead to delivery driver injuries include:

  • Motor vehicle accidents. Delivery drivers may be involved in accidents through their own errors or because of other drivers’ negligence. Among the most frequent motor vehicle accidents are rear-end collisions (the most common cause of whiplash neck injuries) and broadside and sideswipe accidents during turns at intersections. A delivery driver also may be struck by a passing vehicle while outside of their truck delivering a package.
  • Slip and fall accidents. Falls are the most frequent cause of workplace injuries. A delivery driver can slip or trip and fall at any time and be injured. Delivery drivers may fall while stepping down from a truck or due to losing control of an unwieldy object. Falls may lead to broken legs or arm, head injuries, back injuries, or other serious harm.
  • Overexertion and repetitive stress. A delivery driver who must lift, carry, and place objects or materials as part of deliveries may overexert himself or herself and injure muscles, ligaments, tendons and/or other soft tissue. Overexertion injuries may occur in a single incident or because of cumulative damage from repetitive movements. Back and knee injuries caused by heavy lifting are common among all manual laborers.
  • Dog bites. A delivery driver attacked by a dog may suffer physical and emotional injury. Dog bites can leave deep cuts that tear through skin and muscle and require surgery to repair. Individuals attacked by dogs are knocked down and suffer fall injuries. The terror of a dog mauling can create psychological trauma, which may lead to post-traumatic stress disorder (PTSD). Dog bites may transmit infectious diseases, such as rabies and tetanus.
  • Inclement weather exposure. Delivery drivers work in hot, cold, and inclement weather and may suffer heat stress, heat exhaustion and other forms of hyperthermia (elevated body temperature) or cold-stress, frostbite and other forms of hypothermia (abnormally low body temperature).
  • Infectious disease transmission. Delivery drivers may come into contact with customers who are ill and transmit disease to them. In 2020, the U.S. Department of Labor issued an alert advising employers to help protect package delivery workers from exposure to the COVID-19 coronavirus.

A delivery driver who has suffered a work-related injury or illness in South Carolina may qualify for workers’ compensation benefits. An injury or illness is considered work-related if it occurred in the course of the driver performing assigned job duties.

S.C. Workers’ Compensation Benefits

The basic workers’ compensation benefits available to employees in South Carolina are for:

  • Medical Expenses. Workers’ comp pays for all of the injured delivery driver’s medical treatment related to a workplace injury. It is important to keep in mind that this includes vocational or occupational rehabilitation and other training required to develop new capabilities to resume gainful employment.
  • Lost Wages. After seven days of lost work time, an injured worker with a valid claim is entitled to payments that cover two-thirds of their average weekly wage up to the maximum allowed. For 2020, the limit was $866.67 per week.
  • Long-Term Disability. When a worker is permanently disabled and cannot maintain gainful employment, and in cases of fatal injury, lost-wages benefits may be paid for up to 500 weeks (9.6 years).

In exchange for these benefits, workers’ compensation law prohibits an injured worker from suing their employer for losses caused by a workplace injury or illness. But that restriction does not apply to others, such as customers, vendors or others’ whose negligence led to a worker’s injury.

For example, a delivery truck driver who is injured in a crash caused by another driver may be entitled to receive workers’ compensation benefits and file a personal injury lawsuit against the at-fault driver.

Steps to Take After a Work Injury or Illness

Workers’ compensation cases are insurance claims administered by your employer’s insurance carrier. Under South Carolina workers’ compensation laws, you have 90 days from the date of an accident to report it. But it’s best to report your workplace injury as soon as you can.

Report your on-the-job injury to your supervisor and follow up with written notification to your employer’s human resources office. Follow any established rules for reporting injuries, such as completing any required forms.

If you were physically incapable of reporting your injuries within the 90-day deadline or you can show your employer was aware of the accident, an attorney can make sure you retain your right to workers’ comp benefits.

Once you have provided proper notice of a workplace injury, you generally have two years to file a workers’ compensation claim. Because of the South Carolina workers’ compensation system’s strict filing requirements and deadlines, most injured workers need to work with a knowledgeable attorney who understands the system.

Hiring an experienced attorney to handle your workers’ compensation claim can significantly increase your chances of recovering full benefits. Even if your employer seems to be cooperating with your workers’ comp claim, you may benefit from a free, no-obligation legal review of your case by a Joye Law Firm workers’ comp attorney.

Whether you are filing a claim, disputing the amount of benefits awarded, or appealing a denied claim, our South Carolina workers’ compensation attorneys can explain what you are due and, if needed, fight for you to receive the full benefits for your workplace injuries.

The S.C. workers’ comp attorneys at Joye Law Firm can:

  • Inform you of all the benefits available to you
  • Submit the paperwork and documentation required for a claim and file for you to receive temporary disability benefits
  • Gather documentation of all of your medical expenses for reimbursement
  • Calculate your lost wages and ensure your wage benefit is correct
  • Refer you to a doctor who can provide a second opinion if your claim requires further evaluation and documentation of your injuries
  • Appeal a denied claim or an approved benefit that is insufficient.

Get Legal Help from Our S.C. Workers’ Compensation Lawyers

If you or a loved one of yours has been injured while working as a delivery driver in South Carolina, contact Joye Law Firm today to schedule a free, no-obligation consultation about your legal rights. There is no cost to you for this meeting or for our legal services unless we recover compensation for you.

Most workers have no exposure to the workers’ compensation system until they have been injured on the job and are suddenly dealing with a state bureaucracy while trying to get well. The attorneys at Joye Law Firm advise and stand up for injured workers in South Carolina every day. Our attorneys have more than 150+ years of combined experience fighting for the rights of injured workers and a track record of success.

We represent injured delivery drivers in Charleston, Columbia, Clinton, Myrtle Beach, and elsewhere in South Carolina. Contact us today to set up your free legal consultation at 888-324-3100 or online.

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