A third party lawsuit or workers’ compensation benefits are two possibilities for recovering for your injuries.
In 2017, the Bureau of Labor Statistics (BLS) released a report which stated that drivers of heavy trucks and tractor trailers experienced 475 fatal injuries in the preceding year. According to BLS, this was the greatest number of workplace fatalities of any occupation.
It is likely not surprising to many people, particularly truck drivers, that there are so many workplace injuries and fatalities for truck drivers. After all, their job requires them to be on the road for hours at a time, several days a week. Driving for thousands of miles each year, in all types of weather conditions and on roads that may not have been properly maintained, can be an incredible risk for many drivers. Transportation incidents are the leading cause of fatal workplace injuries, with a total of 26 percent of all fatal workplace injuries happening due to transportation. Nearly half of all fatal transportation incidents on-the-job involved a semi-truck, a tanker truck or a tractor trailer.
These statistics are alarming, and rightfully so. Truck drivers put themselves on the line to deliver good across the country, and face the possibility of being in serious or even deadly accidents every day. They also are at risk when loading and unloading trucks, as objects could roll from the truck, or a driver could simply fall as he or she is unloading or maintaining the truck.
So what are a truck driver’s options if he or she is injured while at work? According to a seasoned workers’ compensation attorney, if a truck driver is injured in an accident and sustains injuries, he or she will likely have the right to file a workers’ compensation claim. While many employers attempt to classify truck drivers as independent contractors as a way to avoid liability for such claims, an experienced workers’ compensation attorney can often prove that the driver was actually an employee — and owed benefits through the workers’ compensation system as a result.
Injuries often result from motor vehicle accidents, but can also occur in a variety of other ways, such as by falling or even from repetitive motion. If you believe that you have been injured or become ill as a result of your work as a truck driver, you should consult with a workers’ compensation attorney as soon as possible to discuss your options.
In addition to the workers’ compensation system, if the accident was due to the fault of another driver, there may be options for filing what is known as a third party lawsuit against the driver of that car or truck. His or her insurance company may be liable for your injuries; this possibility should be discussed in depth with your workers’ compensation attorney.
At PLBHM, our team of professionals consists of not only skilled workers’ compensation attorneys, but also lawyers who have significant experience in the field of personal injury law. We will explore all aspects of your trucking injury case to determine all potential sources of compensation, and stand by your side throughout the process. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation.