How Do Truck Drivers File for Workers’ Compensation?
If you are a truck driver and you were hurt while working for a trucking company, then you may receive compensation. As a result, the workers’ compensation lawyers at Galloway Jefcoat, LLP can assist you. Our Lafayette law firm has represented injury victims for nearly two decades. We have handled more than 1,000 cases all over southern Lousiana, including Sulphur and Calcasieu Parish. We offer a free consultation, so, please, contact us today.
When an 18-wheeler accident occurs, any number of things could happen to the driver. A bad wreck can leave the driver with traumatic brain injuries, spinal cord injuries, back and neck injuries, ruptured disks, fractures, injuries from cargo or internal injuries. If the truck is carrying hazardous materials, then the driver risks exposure to those.
Even if there is no accident, the driver could suffer a repetitive motion injury. This is due to the sedentary nature of the work, or muscle and bone injuries from loading and unloading cargo. The long hours of stationary time can magnify the risks of these injuries. As such, workers’ compensation is a very important aspect of the trucking industry.
What Makes Workers’ Compensation for Trucking Employees Complicated?
Due to the cost of workers’ compensation for trucking companies, some companies attempt to limit the cost by hiring their drivers as independent contractors. However, the label the employer gave to the truck driver is not as important as the driver’s substantive duties. This means even if you are called an independent contractor and paid as such, you may still be treated as a regular employee for workers’ comp purposes. Speak to an attorney if you are unsure about your employment status or if your claim was denied due to your status.
Another issue is that of location. Truck drivers have long routes that often cross different states. The laws regarding workers’ compensation vary state by state. This leads to confusing scenarios. For example, suppose a Louisiana truck driver gets in an accident in Texas but works for a Florida-based company. Which state’s laws govern compensation in this kind of scenario? An attorney can help you figure out the logistics to maximize your injury at work compensation.