The Battle for Workers’ Comp
When you become a trucker, you face many unique situations every day on the job. Your daily routine consists of many dangerous activities that put your safety at risk, and it’s common that you may face injury while on the job. Workers’ comp is meant to assist you in recouping from any injuries or accidents that may occur, but most cases turn into a battle for the full benefits you rightfully deserve.
While the burden often falls on the company owner to provide workers’ compensation insurance for drivers, how drivers respond to an injury plays a pivotal role in the cost of a claim. Drivers have their own responsibilities once injured, and without heeding them, even a small injury can transform into a costly claim. In order to move forward with your workers’ comp claim, it is important to have an understanding of the benefits you have available.
What Does Workers’ Comp Cover?
Every company differs in their workers’ comp benefits, so it’s important to look at your company’s specific benefits when making a workers’ comp claim. In general, workers’ comp typically covers the following:
Medical treatment for your injuries is typically covered under workers’ comp. This can include:
- Doctor or hospital visits
- Diagnostic testing (such as MRI, CT scans, ultrasounds, X-Rays, and blood tests)
- Prescription medication
- Medical devices and prosthetics
- Ongoing therapy
If you have been unable to work due to your injury, workers’ comp benefits should cover past, present, and future wages that you miss. However, there is an extent to this coverage and most employers will not fully compensate the full amount of wages that you miss. Typically the amount you receive is based on how disabled your injury has left you, which can be broken down into four areas:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Disability
- Permanent Partial Disability
If you fall within a permanent disability category you are likely to receive more coverage because your injury has permanently altered your functionality. Whereas, temporary disability is an injury that can heal with time and treatment.
Initial Steps When Filing for Workers’ Comp
To recover workers’ compensation benefits, you must be able to prove the extent and cause of your injury. For this reason, the steps you take after you are injured are critical to your claim.
Every professional truck driver injured on the job should complete the following steps to help ensure they receive the proper benefits for their injury:
Report Your Injury
The first step that needs to be taken is to report your injury to your employer. You should immediately tell your employer exactly how the accident happened and that the injury was job-related. Your company may provide you with a form for you to record the name of the person the injury was reported to at the employer.
Write a Detailed Report
The next step you should take is to write out a detailed report of how the accident happened while it’s still fresh in your memory. This should include any witness names, addresses, and phone numbers as well as pictures of the scene if you believe the accident was caused in part by the negligence of someone other than the employer.
Seek Medical Attention
Your next step should be to seek immediate medical attention. When you visit with your doctor, make sure to describe what you were doing at the time of the accident along with a full and complete description of the pain and problems that you have experienced since with an accurate date of injury. Follow the doctor’s advice and always keep medical appointments.
Don’t Sign & Call an Attorney
This last step might be the most crucial when it comes to receiving fair compensation. If you are presented with any paperwork that you don’t comprehend, don’t sign it! This could block you from further benefits. You should also not give any type of recorded statement to anyone unless you have legal counsel present. If you are asked to do either of these, immediately call an experienced trucker attorney. Hurt Trucker Attorneys offers a free case review and would gladly look over any documentation or paperwork that you may be unsure of.
The Benefit of Having an Experienced Trucking Attorney
The workers’ compensation system is meant to benefit injured workers, but that doesn’t mean that it’s easy to navigate or negotiate by yourself. For many truckers, in order to successfully pursue and obtain maximum workers’ compensation benefits, you’ll need to hire a seasoned workers’ compensation attorney who has previous experience representing injured truckers.
There are many reasons you may consider choosing a trucking attorney for your workers’ comp claim, but some of the main areas they can help you include their knowledge that:
- Truckers’ unique wage rates require specific knowledge
- Truckers want local doctors, even if trucking companies may not allow it
- Truckers may have claims with someone or some company other than their employer (e.g. a third party)
Are You Looking to File a Workers’ Comp Claim?
We can help. We have been representing injured truckers for nearly 50 years. We will fight for your rights and make sure the workers’ compensation insurance adjusters treat you fairly.
If we represent you, we will aggressively pursue the maximum compensation available for your injuries, and we will not receive a fee until you receive the compensation you deserve. Contact us today at 855-4-HURT-TRUCKER (855-448-7887) or email us at [email protected] to set up a free case review to review your case, so that you receive the compensation you deserve.