- March 12, 2020
- Workers' Compensation
Truckers spend almost all their time on the road, so it’s no surprise when one gets into an accident. The difference between a wreck for a trucker and everyone else is that your injuries were from a workplace accident. So, what does that mean for you, can you submit a workers’ comp and an auto insurance claim?
There are so many questions that come together when a trucker is in a wreck. Get some of your questions about workers’ comp options answered now and then meet with a North Carolina workers’ compensation lawyer to further discuss the details.
Yes – You Can Claim Workers’ Comp Except for Independent Contractors
In very general terms, you should expect to be able to file for workers’ compensation, although some independent contractors do not have coverage. Owner-operators often do have workers’ comp coverage, but there is a bit of a grey area for independent contractors. The trucking industry has accomplished what many other industries have attempted to achieve. They’ve convinced a substantial number of employees to work as independent contractors who often excused them from having to provide costly workers’ compensation.
It’s sidestepping a primary issue for hazard and risk when it comes to employment. The result is that you might need to work with a workers’ compensation attorney from North Carolina to help you understand if you can or should apply for workers’ compensation.
For workers’ compensation claims, a trucker may have the opportunity to explore light-duty work to let them return to work sooner. Light duty can include stationary work, as well as dispatching and coordinating tasks or routes.
Does It Matter What Hospital You Go to for Injuries from a Wreck?
One of the reasons why workers’ compensation coverage for truckers is so expensive is because there’s a closed area for coverage. For example, a driver who lives in California could work for a company based in Arizona, and then get injured in a truck wreck in North Carolina. It’s not likely that the same network in Arizona or California will exist in North Carolina.
There’s also the urgency of medical assistance, where paramedics really don’t care which hospital they take you to if they’re trying to save a life.
Will Fault Matter for Your Workers’ Compensation Claim?
Short of using drugs or alcohol, it’s not likely that fault will play any part in your workers’ compensation claim. The extent of workers’ compensation should cover everything except for excessive negligence or outright unlawfulness. Truck drivers may seem very independent, but that doesn’t mean they don’t respond to a supervisor or have to follow strict rules. Even though it may seem like if you follow all the rules of the road, accidents can still happen.
Fault is something that isn’t black and white, there are always different ways to argue fault, and that can cause a lot of issues when it comes to auto insurance. But, for purposes of workers’ compensation, you shouldn’t have to worry about fault at all.
Can The Employer Attempt Disprove Your Claim for Injuries from a Wreck?
Employers will often try to rely on their policies, procedures, and even the manager’s instructions to try to dispel workers’ comp claims. These efforts often don’t go over well, and if anything, they just slightly extend the duration of the claim. The result is that you and your employer spend more time arguing over who was safe or not safe, and then eventually, workers’ compensation will usually payout.
When your employer attempts to use this method to get out of paying on workers’ compensation, it’s a major issue. Getting a workers’ compensation attorney in North Carolina on your case can help you manage these elements of a claim and understand what is happening. Truckers are often distanced from their employers because of the high degree of autonomy in their day to day work.
What Can a Trucker Expect from a North Carolina Workers’ Compensation Attorney?
Any North Carolina workers’ compensation lawyer should provide a thorough insight into your claim and how it will proceed. This process might be slightly more complex as you likely have a claim with your auto insurance policy or your employer’s police. What we do is look at your injuries that happened while you were working, then we build your claim and fight for full coverage of your medical damages.
Contacting Workers’ Compensation Lawyers could be the start to the end of your claims. Get in touch soon to get help on your workers’ compensation claim.
