For many truck drivers in North Carolina and South Carolina, the road is your workplace. But what happens when that workplace becomes the scene of a serious injury? The question of workers’ compensation coverage for truck drivers can be incredibly complex, especially with “independent contractor” classifications and the push by some trucking companies for drivers to buy “occupational accident policies.”
That’s why seeking the advice of a workers compensation lawyer is beneficial. At The Law Offices of Bradley H. Smith, we understand this critical distinction and can help you fight for the benefits you deserve.
Independent Contractor Confusion vs. Employee
Many trucking companies classify drivers as “independent contractors” (1099 workers) to avoid paying for workers’ compensation insurance and other benefits. However, the label a company uses doesn’t always determine your legal status. Both North Carolina and South Carolina workers’ compensation laws have specific tests to determine if someone is truly an independent contractor or if they are, in fact, an employee entitled to workers’ comp.
Factors considered often include:
- Control: Does the trucking company dictate how, when, and where you work?
- Equipment: Do you provide your own truck, or does the company?
- Payment: How are you paid?
- Company’s Right to Fire: Does the company have significant control over your employment?
Even if your contract labels you an “independent contractor,” your actual working relationship might qualify you as an employee under workers’ comp law.
Occupational Accident Policies: NOT Workers’ Comp!
Here’s a crucial point that can be dangerous for injured truck drivers:
Some trucking companies, to bypass mandatory workers’ compensation insurance, require or “encourage” drivers to purchase Occupational Accident Insurance (OAI). While OAI offers some benefits for work-related injuries, it is fundamentally different from state-mandated workers’ compensation. Don’t be fooled. Occupational Accident Insurance IS NOT North Carolina or South Carolina Workers’ Compensation.
Why this distinction is vital for injured truckers:
- OAI policies caps on medical coverage. Whereas, Workers’ Comp covers your medical care. often have strict limits or caps on medical expenses, lost wages, and disability payments. They might also exclude specific injury types or pay for only a limited time. Workers’ comp, conversely, typically covers all necessary medical treatment and provides wage replacement based on state formulas, often for longer durations or until maximum medical improvement.
- OAI policies often have limited wage replacement. But Workers’ Comp pays a percentage of your lost wages.
- With OAI policies, there is no guaranteed payment if you were “at fault.” However, Workers’ Comp insurance applies regardless of who caused the accident.
- There is no oversight by the state with OAI policies. But Workers’ Comp is backed by state law and commissions.
Important NC Law for Trucking Companies
North Carolina law (N.C. Gen. Stat. § 97-19.1) has specific provisions for trucking owner-operators. Even if an owner-operator is considered an independent contractor, the motor carrier/trucking company they are leased to often still has a responsibility to ensure workers’ compensation coverage exists, especially if the owner-operator is operating under the motor carrier/trucking company’s Department of Transportation (DOT) number. If the owner-operator doesn’t have their own policy, the motor carrier may be required to provide it. This “up-the-chain” liability can be a critical lifeline for injured NC truck drivers.
Injured Truck Driver in NC or SC? Don’t Wait to Get Legal Help.
If you’re a truck driver injured on the job in North Carolina or South Carolina and your company claims you’re an independent contractor only covered by an occupational accident policy, do not accept that without a legal review. This is a frequent tactic to deny legitimate workers’ comp claims. An injured workers law firm, such as The Law Offices of Bradley H. Smith, can help you navigate these complex situations. We can:
- Determine your true employment status: Legally assess if you qualify as an employee under NC or SC workers’ compensation laws.
- Analyze your occupational accident policy: Understand its limitations compared to the full benefits you might be entitled to under workers’ comp.
- Fight for your rights: Aggressively pursue your workers’ compensation claim to ensure you receive full medical treatment, lost wages, and any permanent disability benefits you’re owed.
Don’t let a trucking company’s classification prevent you from getting the comprehensive benefits you need to recover. Contact The Law Offices of Bradley H. Smith today for a free consultation. We’re here to protect your rights as an injured worker in North Carolina and South Carolina.