If you have been injured while driving a truck as part of your job, you may be able to receive monetary compensation for your injuries, damages and losses. Work-related truck accidents can result in significant injuries that could prevent employees from going back to work. Mounting medical expenses and other costs could become overwhelming. If you have suffered injuries in a work-related truck accident, you may be eligible to receive workers' compensation benefits or potentially file a personal injury lawsuit against an at-fault driver.
In such situations, it is imperative that you speak with a Los Angeles work injury lawyer as soon as possible. If you are entitled to receive workers' comp benefits, it is critical that you report the accident and injury to your employer right away. An experienced lawyer can also help you avoid making the mistakes that could jeopardize your claim and pose challenges to receiving just compensation for your losses.
Are Truck Accidents Covered by Workers' Compensation?
If a truck accident is work-related, then it is highly likely that it will be covered under workers' compensation benefits. If you were an employee and driving your work truck to perform your job, you are said to be within the "scope of your employment." In these scenarios, if your employer has workers' comp coverage, you may be entitled to receive workers' compensation benefits, which typically covers medical expenses and a portion of lost income.
Who Can File for Workers' Comp After a Work-Related Truck Accident?
To determine if you are eligible to receive workers' comp benefits after a work-related truck accident, you must first determine whether you are an employee or an independent contractor. While employees who are on a company's payroll can file for workers' comp benefits, independent contractors typically cannot. So, if you receive a regular paycheck and a W-2, then you are an employee and can expect to receive workers' comp benefits, provided your employer has coverage.
If you are not sure about your employment status, contact an experienced work injury lawyer who can help you evaluate your situation. Since a number of employers misclassify employees as independent contractors to dodge workers' comp liability, it is important to understand your rights clearly. Some types of workers who are able to seek compensation for work-related truck accidents include truck drivers and other employees who operate trucks as part of their job.
Can I Sue the Driver Who Was at Fault?
If another driver was at fault for your work-related truck accident, you can seek compensation for your injuries by filing a personal injury lawsuit. This essentially involves filing a claim with the at-fault driver's insurance company. Drivers injured in work-related truck accidents can file claims in cases where the following forms of driver negligence are involved:
Drunk or impaired driving
Failure to stop for a red light or stop sign
Failure to yield the right of way
Unsafe lane change or unsafe merging
Reckless driving or speeding
Steps to Take After a Work-Related Truck Accident
If you have been injured in a work-related truck accident, there are a number of steps you would be well advised to take right away.
Report the accident. Police will arrive at the scene of most collisions and generate a report. It is important that you obtain a copy of this report for your records. Your work injury lawyer can also help you secure a copy of this report.
Seek and obtain prompt medical treatment. This is a step that should be taken as soon as possible. If you have suffered injuries on the job and plan to seek workers' comp benefits, you may need to see an approved doctor. Your work injury lawyer will be able to advise you regarding where you could go for treatment.
Document the details of your accident. It can be helpful to write down all your recollections of the accident, when it is still fresh in your memory. Some information that can be helpful may include your copy of the police report, the other driver's insurance information, your work injury report and other types of documentation you may have.
Talk to a work injury lawyer. An experienced work injury lawyer will be able to help you whether you have a workers' comp claim, a personal injury claim or both. Getting a lawyer early on in the process can help you avoid pitfalls that could jeopardize your claim and help maximize your financial recovery.
Compensation Available to Truck Drivers in California
A majority of truck drivers in California are covered by workers' compensation. If you are injured while operating a truck, you may be able to file a workers' comp claim. The amount of benefits you may be entitled to depends on a number of factors including the nature and extent of your injuries, your job duties and whether or not you contributed to the accident. Typically, truck drivers who suffer injuries on the job may be entitled to receive workers' comp benefits including:
Cost of medical treatment or medical expenses such as an independent medical examination that is incurred as a result of the accident
Temporary or permanent disability benefits (a portion of lost wages)
Supplemental job displacement. Benefits
Death benefits in fatal accident cases
How a Work Injury Lawyer Can Help
Truck accidents - whether they are work-related or not - can result in devastating injuries including brain injuries, spinal cord trauma, internal organ damage, burn injuries, etc. Our Los Angeles work injury lawyers at Greenberg and Ruby Injury Attorneys, APC have a long and successful track record of helping those who have been impacted by work-related vehicle accidents including truck collisions. We have a deep knowledge of the California workers' compensation system. We will evaluate your case to determine if there is a potential personal injury lawsuit to help maximize your compensation. Call us today to find out how we can help you.