A truck driver recently received $1.25 Million in a workers’ compensation settlement after sustaining injuries on the job. Joye Law Firm attorney, Ryan LeBlanc of Charleston represented the injured worker with assistance from case manager, Marcy Huckabee.
Unsecured Load Falls onto Truck Driver
On March 25th, 2021, a Texas truck driver picking up a load in Georgetown, S.C. for Mercer Transportation Co., suffered serious injuries after a nearly 1,000 lb. roll fell from the bed of the truck and onto him.
The truck driver suffered multiple injuries which required multiple surgeries. He continues to require treatment for the injuries he has sustained.
Dispute Over Independent Contractor Status
The central dispute in the case was whether the injured driver was covered under the Workers’ Compensation Act as an employee of Mercer Transportation or if he was excluded as an independent contractor. The defense claimed the claimant was an independent contractor and therefore not subject to the Workers’ Compensation Act. However, attorney LeBlanc argued that the victim qualified as an employee under the Act based upon case law, how the company treated him, and the contract’s terms.
“Despite the plaintiff signing an agreement with Mercer Transportation as an Independent Contractor, the laws in the state of South Carolina make it very clear that it is how the employer/employee relationship exists that determines whether an individual is an independent contractor or an employee” explained LeBlanc.
He went on to say “The primary factor to distinguish between the two is whether the employer exhibits control over the employee and his/her ability to do their job. Based on the injuries that the plaintiff experienced and continues to experience, coupled with the way the employer exerted control over him, both sides were able to come to an agreement to resolve this manner in the fairest way possible.”
The parties reached an agreement on May 19th, 2022, awarding the plaintiff $1.25 million.
Seek Legal Assistance After an Injury on the Job
Joye Law Firm is thankful that the injured party chose to be represented by our firm, as we are committed to receiving justice for our clients. If you or anyone you know has sustained work-related injuries while working as an independent contractor, you may feel there is no recourse for what happened to you. However, as was the case in this incident, there are many instances where a worker incorrectly labeled as an independent contractor may still be entitled to compensation through the S.C. Workers’ Compensation Act. Our firm provides legal services throughout South Carolina and has five convenient office locations to cater to our clients’ needs. You can contact us anytime, and we will be happy to review your case for free without any obligation.
Disclaimer: Past results do not guarantee future outcomes.
