Truck drivers who suffer injuries on the job may have the right to pursue a claim for benefits under Virginia’s workers’ compensation system, including medical benefits to pay for the costs of treatment and therapy, plus partial reimbursement of lost wages while unable to work. But a truck driver who wants to file a claim for workers’ comp against the trucking or freight company that hired them must meet specific requirements.
Contact the law firm of Marks & Harrison now for a free initial case evaluation to speak with a Virginia workers’ compensation lawyer about your legal options if you’ve suffered injuries during your duties as a truck driver. We can assist you with a workers’ comp claim or other legal options if the law does not entitle you to workers’ compensation. Let our firm help you secure the financial resources you need to treat your injuries and get your life back on track after an on-the-job truck wreck or other injury.
If a Truck Driver Is Injured on the Job, Can They Claim Workers’ Compensation?
A truck driver employed by a trucking company may have the right to file a claim for workers’ compensation benefits if they suffer injuries or occupational illnesses while performing their job duties. For example, a truck driver may suffer injuries if they get into a motor vehicle accident. Truck drivers may also get hurt while conducting pre-trip inspections and roadside repairs. Drivers can also suffer injuries while loading or securing cargo in their trucks.
The Virginia workers’ compensation system operates on a no-fault basis, meaning an injured employee can receive workers’ comp benefits without proving their employer was at fault for the work accident. In most cases, an injured employee can receive benefits even if their own negligence contributed to the work accident.
What If the Truck Driver Is an Independent Contractor?
The Virginia workers’ compensation system provides benefits to employees only. However, many truck drivers work for trucking companies as independent contractors. Independent contractor truck drivers may own their truck or tractor-trailer and offer their services to any trucking company or freight broker that needs cargo-hauling services. A truck driver working for a trucking or freight company as an independent contractor usually cannot file a claim for workers’ compensation benefits.
Just because the trucking company labeled you as an independent contractor does not mean you are one for workers’ comp purposes. Our workers’ compensation lawyers can review the facts of your case to determine whether the trucking company misclassified you as an independent contractor when you are actually an employee. If your trucking company has misclassified your worker status, you may have a claim for workers’ compensation benefits for your work-related injury.
If the Truck Driver Failed to Wear a Seatbelt and Was Injured, Could They Claim Workers’ Comp?
Although an employee, in many cases, can still obtain workers’ compensation benefits even if their negligence led to a work accident, Virginia courts have ruled that certain omissions by truck drivers may render them ineligible for workers’ comp. For example, in one recent Virginia workers’ compensation case, the court ruled that a truck driver could not receive workers’ compensation benefits for injuries he suffered in an accident while not wearing a seat belt.
The court concluded that the truck driver’s injuries resulted from his intentional failure to wear a seat belt, as the crash ejected the driver from the cab. The court noted the driver’s treating physician’s conclusion that the “use of a seatbelt would have limited or avoided [the driver’s] injuries.” The court ruled that an intentional failure to wear a seat belt constituted willful misconduct that barred eligibility for workers’ compensation benefits.
What Are the Options If the Truck Driver’s Employer Does Not Carry Workers’ Compensation Insurance?
Virginia requires most employers to carry workers’ compensation insurance. However, if you suffered injuries while employed as a truck driver and your trucking company does not carry workers’ compensation insurance, you may have an option for obtaining financial benefits.
First, you can file a claim for workers’ compensation benefits with the state Workers’ Compensation Commission’s Uninsured Employers’ Fund. The UEF can pay you the workers’ comp benefits you ordinarily would receive from your employer and its workers’ compensation insurer, including medical benefits, temporary disability benefits, or permanent partial/total disability benefits.
If state law does not require your employer to carry workers’ compensation insurance, you may also have the option of filing a personal injury lawsuit against your employer. However, a personal injury lawsuit will require you to prove that your employer’s negligence or recklessness caused your work accident. Therefore, you might have difficulty recovering compensation from your employer if the work accident involved a motor vehicle collision caused by another driver.
If another driver was at-fault for the accident, you could bring a personal injury claim against their insurer in addition to or instead of bringing a workers’ compensation claim. A successful personal injury case could provide compensation for losses workers’ comp doesn’t cover, such as all your lost wages, pain, suffering, and reduced quality of life.
What Are the Deadlines for Filing a Workers’ Compensation Claim?
Under Virginia’s workers’ compensation law, an injured worker must provide notice of their injury to their employer immediately following a work accident or as soon as practicable. However, the employee must give their employer written notice of their claim within 30 days of a work accident unless they can demonstrate a reasonable excuse for an untimely notice and the employer has suffered no prejudice from the delayed notice.
Virginia’s statute of limitations on workers’ compensation claims requires you to file your claim with the state Workers’ Compensation Commission within two years of suffering a work accident.
Contact a Virginia Workers’ Compensation Lawyer
Don’t wait another day to speak with a Virginia workers’ compensation lawyer about your eligibility for benefits for a work-related trucking injury. Instead, turn to our firm for help securing the compensation and benefits you need to recover from your injuries so you can return to work and everyday life.
Contact Marks & Harrison today for a free, no-obligation consultation to learn more about your legal rights as a truck driver under Virginia’s workers’ compensation system.
