According to the Insurance Institute of Highway Safety (IIHS), 709 large truck occupants were killed on U.S. roads in 2023. Many more are injured each year. Workers’ compensation may provide an injured trucker with medical care, replacement income, and disability pay.
From our experienced Jacksonville workers compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys, here is your guide to workers’ compensation for truck drivers.
Unique Risks Truck Drivers Face on the Job
- Transportation incidents: Truckers spend a lot of time on the roads. They may be involved in motor vehicle accidents and other transportation incidents.
- Contact with objects and equipment: Drivers are expected to manage their own loads during transport. A load that sways or becomes unsteady may cause injury.
- Exposure to harmful substances or environments: When work involves the use or transport of materials that are toxic, poisonous, carcinogenic, or corrosive, a worker may suffer from exposure.
- Slip and fall, trip and fall: A trucker may fall while entering or exiting a vehicle, tending to their delivery, or maintaining the vehicle.
A trucker may also face natural disasters or violence while traveling.
Source: BLS, Fatal occupational injuries by selected event or exposure
Types of Injuries Covered Under Workers’ Comp
Examples of trucking injuries that may be covered under workers’ compensation include the following:
- Foot and ankle injuries
- Traumatic brain injury
- Blunt force trauma, internal organ damage
- Spinal cord injury, paralysis, nerve damage
- Impairment of the hip
- Eye damage
- Musculoskeletal disorders from repetitive motion
- Back strain, overexertion injury, shoulder injury
- Whiplash, soft tissue injury
- Lacerations
- Toxic and chemical exposure
North Carolina workers’ compensation covers injury by accident arising in the course and scope of employment. Many types of harm to the body may be covered.
Filing a Workers’ Comp Claim as a Truck Driver
Truck driving injuries often occur when the driver is away from their home location, so it is unlikely that there is a supervisor nearby. Start by getting emergency medical attention if needed. Report a traffic accident to law enforcement without delay. Then, notify your employer that you are injured.
Employer notification of injury is what starts the workers’ compensation process in North Carolina. Always provide the employer with written notification of injury as soon as possible and within 30 days.
The employee or their attorney should file Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent. Benefits depend on the medical care needed, your ability to work, and permanent disability. The employer may be required to file Form 19 if the claim meets the minimum criteria.
Challenges Truck Drivers Often Face With Claims
Common challenges when claiming truck driving workers’ compensation may include:
Injured in another state
Many truckers spend most of their working time out of state. So what happens if your injury occurs in another state? What state’s rules apply? Where can you file?
If you’re a North Carolina worker and injured elsewhere
N.C.G.S. § 97-36 says that North Carolina has jurisdiction for your workers’ compensation case if:
- The employer is based in North Carolina.
- You (the employee) are based in North Carolina.
- The employment contract was made in North Carolina.
But another state may also have jurisdiction over your workers’ compensation case. If you receive benefits from another state, North Carolina law limits your total compensation through the NC workers’ compensation system to what would be allowed in NC.
If you’re based somewhere else and injured in North Carolina
If you or your employer is based outside of North Carolina and you’re hurt while trucking in NC, you can usually file for benefits in North Carolina. Many states allow injured truckers to file where they are injured. Compare benefits in each state to determine where it’s best to file. North Carolina workers’ compensation laws are relatively strong for workers, so it’s often best to file in NC.
Fighting for your benefits for an out-of-state claim
One complication that can arise when pursuing benefits in a state other than the state where you live is where medical benefits will be provided. For example, if you live in California, it’s not practical to require you to be in North Carolina three times a week for physical therapy. An important part of your claim may be arranging for care or negotiating a settlement that allows you to continue medical care on your own.
Disputes about the course of employment
Workers’ compensation is payable for injuries by accident arising out of and in the course of employment (N.C.G.S. § 97-2(6)). The employer may try to deny the claim on the basis that you were running a personal errand. But truck drivers are required to be away from their place of employment. Typically, the truck driver remains in the course of employment continuously, unless there is proof of total departure for a personal errand. (See Hobgood v. Anchor Motor Freight.)
Status as an employee or independent contractor
Workers’ compensation covers employees (N.C.G.S. § 97-2(2)), and a truck driver may be an employee or an independent contractor. Their status depends on how much control the trucking company has over the driver’s work, including routes, hours, equipment, and DOT operating authority.
What Benefits Can Injured Truck Drivers Expect
An injured truck driver who qualifies for workers’ compensation can expect to receive:
- Replacement wages if they’re unable to work
- Medical care at no cost
- Disability compensation
Replacement wages depend on your earnings before the injury and whether you can work while you receive medical care. There are conditions for receiving medical care. You must comply with treatment requirements and go to the care provider chosen by the employer. Disability compensation may vary.
An experienced attorney can help you address disputes that may arise regarding your benefits.
When a Third-Party Claim May Apply
Workers’ compensation may not be your only path to compensation for injured truckers. If someone other than the employer is at fault, you may claim against them directly. State law where the injury occurs generally applies to determine legal fault.
Contact an Experienced Jacksonville Workers’ Compensation Lawyer
If you’re an injured trucker, please contact Horton & Mendez, Injury & Car Accident Attorneys.
Get personalized help with workers’ comp for truckers. Call or message us now.
