Workers’ Compensation for Truck Drivers

The job of a truck driver is never easy. Not only must you share the road with everyone else, but you’re also encountering roads of all types, not to mention all of the weather Mother Nature throws at you. Unfortunately, too many trucking professionals become involved in accidents requiring a truck accident attorney every year. That being said, it’s crucial to understand workers’ compensation for truck drivers.

Is Workers Compensation the Same for Everyone?

When it comes to the basics of workers’ compensation, the way it works for truckers is the same way it works for everyone. If you become injured while on the job, you’ll have to complete a compensation claim. If approved, a workers’ compensation lawyer can help you to receive some monetary and legal support while you recover from your injuries.

Something that many truck drivers are shocked to discover is that they are not covered by their employer for injuries they may sustain in an accident. There are many reasons for this.

Many Ways to Become Injured

Being a truck driver means being at high risk of injury in an accident. Unlike other vehicles, a truck will require a far greater distance to stop once brakes are applied. The failure of a small vehicle driver to recognize this while on the road can quickly lead to an accident.

Drivers can also become injured when attempting to load cargo. Lifting heavy items repeatedly can result in painful injuries to the back that can make driving impossible. As well, long hours spent handling the steering wheel can cause a wide range of occupation injuries like carpal tunnel syndrome.

Neck and back pain, along with several other injuries, can occur from sitting behind the wheel for several hours. Driving for too long can result in fatigue, drastically reducing reaction time and increasing the probability of an accident. A shifted load can cause cargo to fall and cause an injury or instability while driving.

Even simply entering or exiting your truck can result in injuries and loss of work that require help from a truck collision lawyer.

EMR, Industry Changes, More Unprotected Drivers

Insurance companies use the experience modification rate calculation or EMR to determine the amount a trucking company pays to cover their drivers under workers’ compensation. The higher the EMR number, the more the company will pay. If a company endures small losses, their EMR will remain low, making it most affordable for them to carry compensation.

In addition, there have been many instances where drivers were successful at making fraudulent claims, which has raised companies’ EMR and their compensation costs. As a result, in the last decade, many companies have opted to change the way in which their drivers are classified.

In the past, the majority of drivers were employees of the trucking company they worked for. Today, the landscape has changed. Now, the majority of truck drivers are either owner-operators or independent drivers under contract. What does this mean for drivers who get injured while on the job? It means an inability to receive sufficient compensation.

No Solutions for Covering Non-Employees

An independent driver is clearly different from an employee, but an effective way to determine coverage requirements and formulate sufficient programs for injured drivers continues to be elusive.

Trucking Companies Make Coverage Decisions

Although a trucking company does have the option to offer their contract drivers coverage in their program, there is, unfortunately, no guarantee that they will. If they choose not to include a driver in this coverage, a driver can purchase their own coverage, called Occupational Accident Injury Coverage. This option costs less than traditional compensation, but it doesn’t offer you the comprehensive coverage of workers’ comp. Not only that, but Occupational Accident Injury plans also allow trucking companies to appoint a doctor of their choice.

What Compensation Entitles You To

If you are classified as an employee of the trucking company you drive for and you become injured in an accident, compensation can include several items, such as:

• Hospital stays
• Doctor visits
• Surgery
• Medication
• Pain therapy such as acupuncture
• Physiotherapy to restore mobility
• Mobile assistive devices including wheelchairs, canes, and stability bars
• Lost wages
• Death benefits
• Legal expenses

What Occupational Accident Insurance Entitles You To

If you are an independent driver and have purchased coverage under an Occupational Accident Injury plan, you will be covered for:

• Lost wages
• Some medical expenses
• Death benefits

Burden of Proof

In cases where an employer has purchased compensation for their employees, the employee is the one who will need to prove that the injury they sustained while on the job was the cause of the condition for which they’re seeking compensation. With this coverage, an injured truck driver is not able to sue their employer for punitive damages or pain and suffering.

Where an independent driver has purchased Occupational Accident Injury coverage, the employer must prove that there is no relationship between a driver’s injury and the demands of their job.

Who Is at Fault if You Become Injured?

Determining who is at fault will be instrumental in getting compensation if you become injured. However, fault is not always absolute. For example, by violating federal regulations and driving for longer than the law allows, you could be found at least partially at fault for causing an accident while on the job.

On the other hand, if the brakes on your truck are found to have failed as a result of a manufacturing defect or poor maintenance, the brake manufacturer or trucking company may be held liable for your injuries.

Driver Injury Cases Can Be Costly and Complex

Whether you have traditional compensation coverage or not, getting financial and medical support for your injuries can be a long and expensive journey without a truck injury lawyer.

In a workers’ compensation case, you need to know exactly what kind of evidence will not only prove the trucking company’s fault but be accepted by the court. As stated previously, you will also need to find another means of getting compensation for your pain and suffering and punitive damages.

A scenario where Occupational Accident coverage has been purchased, the trucking company can launch an investigation into the extent of your injuries, which can dramatically increase your stress level, negatively affecting your ability to heal.

To add to the complexity, some drivers have a more difficult time in court due to signing contracts with trucking companies that place limits on the locations where they can make a claim. Should this happen, a driver who was out-of-state at the time they became injured and is representing themselves in court may not be aware of their eligibility for compensation.

Regardless of the coverage you may have, the best way to get compensated is to speak with an experienced 18-wheeler accident attorney. A good lawyer knows what tricks trucking companies will try to use to get out of paying you what you deserve.

When you call Shechter, McElwee, Shaffer & Harris, none of this ever has to happen. That’s because we will aggressively defend your rights to fair and complete compensation for your injuries. Put our knowledge and experience to work for you right now. Call us for a free consultation today at (713) 574-5089.