Workers’ Compensation claims can be used in virtually any industry, whether you suffered a “workplace” accident or an accident on the road. If you are an employee in the trucking industry, you should be entitled to a claim for many serious work-related accidents.
Before you can file, you need to check your work status. Only “employees” can file Workers’ Comp claims, not independent contractors. If you qualify, then you report your injury to your employer to get the process started. If your claim is denied, we can help you file in court.
For a free case review with the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law, call us at (267) 651-7945.
Do Truckers Qualify for Workers’ Comp?
Workers’ Compensation is supposed to be available for every employee in the state, but some workers are specifically excluded. These include federal workers and longshoremen, for example, but that does not exclude truckers.
Instead, truckers face two possible issues that could bar them from filing:
Work and Injury Location
Workers’ Comp claims in Pennsylvania do not require you to be at a specific “workplace.” Instead, it covers all work-related injuries, not just “workplace” injuries. This allows truckers to file for work injuries that happened on the road.
If you were injured in another state, but you live in and primarily work in Pennsylvania, you may still be able to file through Pennsylvania’s Workers’ Comp rules. However, this issue is complicated, and you should definitely work with a Pennsylvania Workers’ Comp lawyer.
Employee vs. Independent Contractor Status
Trucking companies like to limit their liability by hiring drivers as independent contractors. This essentially makes the trucker self-employed, keeping the trucking company from liability for accidents and injuries.
With Workers’ Comp claims, this could mean you have no employer to file your claim against. However, your employer might have gotten your status wrong. Just because you are paid with a 1099 doesn’t make you a contractor for purposes of Workers’ Comp, and you should have a lawyer review your case if your employer is trying to dodge liability by calling you a contractor.
What Injuries Are Covered?
Workers’ Compensation should cover all work-related accidents. This can include plenty of different injuries from truck accidents, as well as other tasks like vehicle maintenance, loading and unloading, and assault at truck stops or while parked for the night.
Examples
For example, some commonly covered injuries include
- Broken bones
- Head and brain injuries
- Back, neck, and spine injuries
- Trucker’s elbow and other repetitive stress injuries
- PTSD from truck accidents
- Lifting and carrying injuries.
Covered Workers
Remember, trucking companies employ more than just the truck drivers. Everyone who works at a trucking company should be entitled to a Workers’ Comp claim for on-the-job injuries, including vehicle maintenance staff, warehousing and fulfillment staff, and even office workers.
Factors
Injuries should be covered so long as they happened either
- Because of dangerous work conditions or
- While carrying out work duties.
The type of injury and specific cause usually aren’t factors; coverage is quite broad.
The Process for Filing a Workers’ Comp Case in Pennsylvania
Get Medical Care
As soon as you can after an accident, get medical care to start diagnosing your injuries and building records that the injuries were related to your job.
Call a Lawyer
You should have a lawyer on your side as soon as you can.
Report the Injury
You should report work-related injuries to your employer within 21 days. This must be done within 120 days, or you lose your claim.
Denial or Acceptance
If your employer accepts your claim, they will usually do so within 21 days (though they can get an additional 90 days to decide if they pay you temporarily). If they deny the claim or fail to respond, you can move to the next stage.
File a Claim Petition
After denial, our lawyers can file a Claim Petition before a Workers’ Comp Judge within 3 years of the injury to get your case heard in court.
Continue Getting Medical Care and Attending Mandatory Exams
You need to follow through with all medical care. In the first 90 days, your doctor may have to come from a list your employer made.
You also need to attend mandatory exams by doctors your employer has chosen to examine your condition and ability to return to work. We may also seek outside opinions from doctors we choose to counter that evidence.
Hearings
Cases often have to go to hearings to decide whether your injury is work-related and whether you are disabled.
Settlement or Award
If you win your case, you should be awarded ongoing benefits. However, these can be settled in many cases, giving you the payments in a lump sum or a structured annuity instead of keeping the claim open and undergoing periodic reviews from the insurance carrier.
FAQs for Workers’ Comp Claims Against Trucking Companies
Which Company Do I File With?
Some truckers work for larger companies that do more than just trucking and shipping, while others work for trucking or delivery companies, specifically. You usually file with your direct employer, whoever that may be.
If they do not have the proper insurance, but they are contracted to take on the delivery side of a larger business, you may be able to treat the larger business as your “statutory employer” instead. Check with a lawyer in any case.
Are Truckers Excluded from Workers’ Comp?
Some states carve out truckers entirely from coverage under Workers’ Comp, but Pennsylvania does require coverage for truckers. However, this only applies to employees. Some independent contractors and owner-operators might not be covered if they are essentially self-employed.
Does Workers’ Comp Cover Accidents?
Truck accidents are complex because you have multiple layers of insurance: your commercial driver’s insurance, the company’s auto insurance, the other driver’s insurance, and your Workers’ Comp.
Workers’ Comp often covers accidents regardless of fault, potentially covering above your PIP or no-fault insurance limit, but which insurance you file with first is an important question our lawyers can help you with.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
For a free case evaluation, call Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945.
