Commercial drivers injured while driving a truck – or from being hit by another truck – are often entitled to damages through Workers’ Comp. However, your employment status and other factors will decide eligibility.
If you are an employee, then you should qualify for Workers’ Compensation. The location of your injury does not have to be at a workplace or office if you were on the road for work when you were injured, potentially allowing no-fault compensation for your injuries.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists and truck accident attorneys at (267) 651-7945.
When Workers’ Comp Covers Injured Truckers in Pittsburgh
Workers throughout Pennsylvania should be covered under their employer’s Workers’ Compensation policy. This means that if you suffer a work-related injury, your employer covers medical bills, wage-loss benefits, and specific loss benefits for certain permanent injuries, all regardless of fault.
Work-Relatedness
The accident must be “work-related” to be covered. At a traditional office or job site, injuries from work conditions or job tasks are likely to be seen as “work-related,” but truckers and commercial drivers take their workplace with them.
As long as your accident happened while you were driving a truck for work or doing other required tasks – such as refueling, taking mandatory breaks, or loading/unloading cargo – then it should be considered “work-related.”
Employee Status
Workers’ Compensation is only there for employees. If you are an independent contractor, an independent owner-operator, or a self-employed trucker, you have no employer to pay your Workers’ Comp. Sometimes you can be self-employed and include yourself under Workers’ comp coverage, so this might be an option for you.
However, if you are an independent contractor or are otherwise not covered by Workers’ Comp, your case isn’t over. You can still file auto accident claims through insurance or even potentially sue the at-fault driver.
Does My Insurance Cover My Crash?
As a commercial driver, you likely have good auto insurance, whether it is your own or provided by an employer. This may provide some benefits to you after a crash, because Pennsylvania requires some no-fault coverage on your policy.
However, you might also have the right to file your claim against another driver and their insurance if they caused the crash. This is especially helpful if you are not covered by Workers’ Comp.
In any case, consult with our truck accident lawyers to determine what policies you should file under and how to best get your injuries paid quickly.
Suing for Truck Accidents in Pittsburgh
You typically cannot sue your employer for work-related accidents because of Workers’ Comp rules. However, you can sue outside third parties for their own fault in causing your accident. Suing another driver is a prime example of this.
The Claim
Whether you were a commercial driver or you were hit by a trucker, you can potentially sue the at-fault driver for your injuries. To win your case, you would have to prove that the other driver caused the crash by violating a legal duty, such as by speeding or driving drunk.
If they were also a commercial driver working within the scope of their employment, you may also be able to sue their trucking company. The other driver’s trucking company can also be sued for their own mistakes, such as negligent maintenance or negligent hiring/retention.
Damages
When filing a lawsuit against another driver, their “liability” insurance pays your damages. This covers up to their policy limits for medical bills, lost wages, and pain and suffering.
Workers’ Comp claims typically only cover up to 2/3 of your lost wages (with some exceptions) and medical bills, with no payments for pain and suffering.
Right to Sue
Pennsylvania is a “choice no-fault” state for car insurance. This means that your policy might be a “limited tort” policy, only allowing lawsuits if you meet certain requirements, such as “serious injuries.”
If you have a “full tort” policy, you can always turn straight to a lawsuit instead.
FAQs for Truck Accident Claims for Commercial Drivers in Pittsburgh
Do I Use Workers’ Comp or Car Insurance?
Car insurance is often there to cover your injuries first, but Workers’ Comp can potentially cover more as it has no cap on medical benefits. Car insurance can also cover pain and suffering, which Workers’ Comp doesn’t cover.
Talk to your lawyer about the order in which you file your claims and how they interact.
Can I Sue and Use Workers’ Comp?
You can! Lawsuits can be filed against third parties to recover the rest of the damages Workers’ Comp does not cover, such as pain and suffering. However, your right to sue is limited in two ways:
- You cannot sue your employer for work-related accidents, but you can sue third-party drivers.
- A “limited tort” policy restricts your right to sue for a crash unless certain conditions (e.g., “serious injuries”) are met.
Who Determines Fault?
In a Workers’ Comp claim, fault is not at issue as long as you did not cause the crash on purpose. When the case goes before insurance, the insurance company decides fault, which is why it is often best to go to court.
In a lawsuit, the jury decides fault. They can potentially blame the other driver, assign you partial blame, or even include the other driver’s commercial driving employer (if relevant) for partial fault.
What Constitutes Fault in a Truck Accident Case?
Truckers are often blamed for accidents, but this might be misplaced or mistaken. A driver has to actually commit a traffic violation or do something unreasonable behind the wheel to be held “at fault” for a crash.
If you were hit by another commercial driver, the company they work for could also share partial fault because of trucking regulatory violations, maintenance issues, or negligent hiring and retention.
Can Accidents on My Commute Be Covered?
When you are “commuting” is often complex with truckers. If you are driving your own car into a depot to pick up the truck, that is not usually covered under the “coming and going” rule that blocks coverage for commutes.
However, if you are driving home in your truck or leaving home directly to a job, this might be covered, depending on the terms of your employment, who owns the truck, and other factors.
If you are out sleeping in your truck or a motel during a trip, there likely is no “commute” at the start or end of your day, and you would be covered during the whole shift.
Call Our Workers’ Comp Lawyers for Truck Accidents in Pittsburgh
Call Cardamone Law’s truck accident lawyers at (267) 651-7945 for a free case review today.
