Workers’ Compensation Claims After Truck Accidents
If a victim of a truck accident was on the job at the time, they may be able to recover workers’ compensation benefits. In addition to the truck driver, this might include a coworker of the driver or a person in a smaller vehicle who was performing a task for their employer. Workers’ compensation is a no-fault system. This means that a victim does not need to prove that anyone was at fault for the accident, unlike in a personal injury lawsuit. They even may be able to recover benefits if they caused the accident, with some exceptions that may include intoxication, fights, and intentional self-harm.
Workers’ compensation benefits typically cover medical expenses related to an accident, as well as a portion of lost wages. Benefits for wage loss are calculated according to the average weekly wage of the worker, as well as the scope and duration of the disability resulting from an accident. A disability may be classified as permanent or temporary, and as total or partial. If a victim died from an accident on the job, their dependents may recover death benefits. A worker usually must report their injury to their employer within a short time after it occurs, although they may have a much longer time to file a formal claim.
Obstacles to Receiving Workers’ Compensation Benefits After a Truck Accident
Sometimes a workers’ compensation insurer will try to deny benefits by arguing that an injury did not occur in the scope of employment. The insurer may point to a pre-existing condition as the cause of an injury. However, an employee still can recover benefits for an injury on the job that aggravated a pre-existing condition. An insurer also may try to deny a claim if an accident occurred outside the normal workplace of the employee. For example, the “coming and going rule” generally prevents employees from recovering workers’ compensation benefits for injuries that they sustained while commuting to and from their job. (Some exceptions may apply to remote work when travel time is paid.) If an employee was on the road to perform a task related to their job, though, they likely qualify for workers’ compensation benefits.
Another strategy used by employers and insurers involves arguing that a claimant was an independent contractor rather than an employee. Trucking companies sometimes misclassify their drivers as independent contractors to avoid liability for accidents that they cause. Other businesses may misclassify their workers to avoid providing protections and benefits to which employees are legally entitled. Just because a business labels a worker as an independent contractor does not make this designation valid. In distinguishing employees from independent contractors, courts may look at factors such as:
- The control of the business over the job duties and schedule of the worker
- The method of paying the worker
- The ability of the worker to choose their own assignments
- Whether the business or the worker provides the equipment for the job
Third-Party Claims After Accidents on the Job
If someone other than an employer or coworker caused a truck accident, a victim might pursue a third-party personal injury lawsuit against that person or entity. For example, perhaps a truck driver was injured in a rollover accident to which a defective truck part contributed. They might have a third-party claim against the manufacturer of the defective part. This would require proving the fault of the manufacturer. Meanwhile, a victim performing a job-related task in a smaller vehicle struck by a truck might be able to sue the truck driver, the trucking company, and any other party that was at fault. A third-party claim and a workers' compensation claim are not mutually exclusive and can be pursued simultaneously.
Third-party lawsuits may provide much greater compensation than workers’ compensation claims. This is because workers’ compensation does not provide benefits for non-economic damages, such as pain and suffering and emotional distress. Awards for non-economic damages may be substantial when a victim suffers catastrophic injuries. Moreover, workers’ compensation benefits usually do not provide full compensation for lost income, whereas a personal injury award can fully cover this loss. A victim injured in a truck accident on the job thus should consult an attorney who can advise them on whether a third party may have been at fault.
