Does Workers’ Compensation Cover Truck Drivers?
Driving large trucks is one of the largest occupations in America. It is estimated that over 3.5 million people work as truck drivers in the U.S. Unfortunately, tractor-trailers, 18-wheelers, and other large trucks are involved in numerous crashes, often resulting in serious injuries. Besides suffering injuries in truck accidents, truckers can suffer injuries in many other ways while on the job. So, can truck drivers recover workers compensation benefits when they sustain injuries on the job? In other words, does workers compensation cover truck drivers?
Occupational Injuries From Trucking
A truck accident is not the only way a truck driver can suffer injuries. The following are other ways truck drivers suffer injuries;
- Repetitive stress – Truckers can develop repetitive stress injuries if they engage in repeated motion. For example, a truck driver who lifts heavy cargo to load their truck daily risks developing a repetitive stress injury. Also, driving for long hours, day after day, can lead to the development of a repetitive stress injury. Usually, a repetitive stress injury will affect soft tissues that include tendons, muscles, nerves, and ligaments.
- Slips and falls – Truck drivers sometimes need to climb high places to access their vehicle. Sometimes, they need to make deliveries to the upper floors of buildings or use stairs or ladders. Such tasks present a risk of slipping and falling. Unfortunately, slip and fall accidents can result in severe injuries that may require extensive medical care. For example, a slip and fall accident can result in a severe traumatic brain injury (TBI).
- Struck-by or struck-against objects – Opening a cargo container or lifting a hitched trailer, for example, can allow vehicle parts to move. A truck driver can get injured from being struck by a vehicle part. Also, other loose cargo can hit and injure a truck driver.
Does Workers Compensation Cover Truck Drivers?
The question of whether workers compensation covers truck drivers is a bit more complex than it may seem. However, generally, truck drivers can recover workers’ compensation benefits after suffering injuries while on the job.
The primary thing to consider if you are a truck driver wondering whether you are covered by workers compensation is your employment status. Are you an employee of the trucking company? If you are an independent contractor who picks up driving work through bigger trucking companies, you are likely not an actual employee of the trucking company you are hauling for. So because you are not an employee of the trucking company, they are not required to give you any employment benefits, including workers compensation benefits.
On the other hand, if the trucking company you are hauling for has hired you as an employee, then you qualify for workers compensation benefits like any other employee.
Sometimes, trucking companies will try to misclassify truck drivers to get out of paying them workers compensation benefits. So if you have suffered injuries as a truck driver, ensure you reach out to an attorney who can help you determine if you have been misclassified.
Contact a Key West & Marathon Workers Compensation Lawyer
If you are a truck driver who has been injured while on the job and need help determining if you are covered by workers compensation, speak to a Key West & Marathon workers compensation lawyer at Florida Keys Injury. If you are not covered by workers compensation, we can help you determine your other options.
Source:
census.gov/library/stories/2019/06/america-keeps-on-trucking.html
