When a Truck Driver Suffers Accidental Injuries
- Dan T. Matrafajlo
- Wed Feb 2020
- Workers Compensation,
Truth be told, everyone seems quick to blame big rig operators when they’re involved in motor vehicle crashes. However, that’s not always the case. Additionally, when a truck driver suffers accidental injuries, it’s not always because of a collision.
In the first place, here’s something you ought to know. If you’re a truck driver injured while doing your run, there’s a high chance you’re entitled to workers’ compensation benefits. In New Jersey, trucking companies need to provide coverage for even the owner-operators who work for them.
No doubt you’d easily agree that accidents happen. Even if a motor vehicle accident was your fault, you need to ensure you receive medical treatment. And, if you will need to spend some time healing from your injuries, you’ll be concerned about receiving temporary disability benefits.
Many injured workers, including truck drivers, also don’t realize they may be entitled to permanent disability benefits. Notably, you could receive an award for partial permanent disability and still return to work. You do not have to be totally disabled to receive a permanency award. Unfortunately, many insurance companies won’t provide you with this information.
According to NJSA 34:15-36, an employee is deemed to be in the course of their employment when “engaged in the direct performance of duties assigned or directed by the employer.” If the trucking company attempts to classify you as an independent contractor, let an experienced workers’ compensation attorney take up the issue on your behalf.
If you are involved in a trucking accident as a result of someone else’s negligence, you may be entitled to a second type of case. For example, what if semi-truck operator speeds right into the back of your truck? In addition to your workers’ compensation case, you could file a lawsuit against the other trucking company.
Truck Drivers and Other Work-Related Claims
As a truck driver, it’s not just what happens on the road that can cause injuries. It’s not so unusual for a trucker to get hurt loading and unloading cargo. A back injury could occur as a result of throwing tarps in the back truck.
By the same token, anyone in the transportation business spends plenty of time on loading docks. Improper maintenance and repair represent issues when it comes to safety. Even something as simple as a misstep while existing a big rig can cause injuries.
The bottom line is that driving a truck presents many risks. If you’ve been injured in the course of your employment, you need to know about the benefits available to you.
Our office can help you. If you’re a truck driver who has suffered injuries, you shouldn’t have to worry about securing medical treatment and lost wages. Call the Law Offices of Beninato & Matrafajlo to see how we can assist you.