Hurt as a Tractor-Trailer Driver

You spent time and money to become a professional tractor-trailer driver. You follow the laws that are made specifically for driving your rig. Your goal? Provide a nice life for your family. Yet, what will happen to you and your family if you get hurt on the job? Getting hurt while driving is a scary thought, but you should know that each state requires most employers, including trucking companies, to carry workers’ compensation insurance.

What Is Workers’ Compensation?

Workers’ compensation insurance laws exist in each state in an effort to protect workers just like you. It can cover your medical expenses and part of your pay if you are injured or made sick by your work as a tractor-trailer driver. It can pay for visits to the doctor, surgeries, medications, and more. You can even get a portion of your wages to help you take care of yourself and your family.

Tractor-trailer Drivers Face Special Risks

As a professional driver, you do what you can to be safe by driving sober and obeying local traffic laws. Yet, you can face danger while driving and when outside of your truck while on company time. If you are injured by another tractor-trailer while you’re on a yard, you are eligible for workers’ compensation. If you hurt your back or neck while loading or unloading your trailer, you are eligible for workers’ compensation. If you’re exposed to chemicals that make you sick, you may be eligible for workers’ compensation.

What to Do if You Are Injured at Work

If you are injured on the job, you have to take specific steps. In addition to taking those steps, which are outlined below, you should make an appointment to talk to an experienced workers’ comp attorney. This is because your employer and their workers’ comp insurance company will not necessarily have your best interests in mind. An experienced attorney can help you get the money that you are entitled to receive.

  • If you are injured, you need to immediately inform a manager on duty of your injury. You need to do this even if you don’t feel like you were seriously injured. Be sure to park your truck in a safe place, and notify your manager that you will no longer be able to drive that day.
  • An accident report needs to be completed by you, the manager, or by someone from Human Resources. This should be done immediately following the injury. This helps record all of the facts that surrounded the accident. Since you were likely on the road, it is safest to call 911 and have an ambulance arrive on the scene. Your employer has the duty to record what happened.
  • Get medical attention. The best way to do this is to have an ambulance evaluate you after a crash, or after you injure yourself living heavy materials in or out of your truck. It doesn’t matter if you don’t feel like you’re hurt. You could have injuries that you don’t feel because of the adrenaline you experienced. Waiting can actually be held against you by the insurance company. While you have the right to see your own doctor, if you visit the doctor mentioned in the policy, you won’t have to pay out of pocket. If you make out of pocket payments, keep your receipts. You may be eligible for reimbursement.
  • Remember, make an appointment with an attorney. You need to make sure that your legal rights are protected. This is especially important if you were not involved in an auto accident, but believe that you have been handling dangerous chemicals. You may need help proving that the trucking company you work for was at fault for your accident.

Canfield v. Con-Way Freight, Inc.

According to Leagle, in 2005, Richard Canfield was an employee of Con-way Freight. He injured his shoulder while moving freight. Because of his injury, he took a leave of absence. Eventually, he was able to return to work, but the workers’ comp doctor stated that he could not return to doing the same work. The doctor approved job reassignment.

However, in 2006, Canfield was fired. Although he settled his workers’ comp claim for $50,000, the company fired him which led to a wrongful termination suit. This is a real-world example that explains why you need an experienced lawyer to protect your rights if you are injured on the job.

You Have Rights

You have rights when you are injured on the trucking job. To protect those rights, you need to speak with a qualified workers’ compensation attorney. Don’t wait. Your future as a driver, or your future as a wage earner may very well depend on it.