If a truck driver in Missouri is injured, they may be eligible for workers’ compensation benefits. These benefits can help cover medical expenses and provide lost wages while the driver recovers. Since commercial trucking is a demanding job, accidents are an unfortunate reality. Workers’ compensation exists to give injured drivers the financial support they need during recovery.
However, accessing these benefits isn’t always simple. Missouri has specific laws and rules for workers’ compensation claims, and drivers often face challenges such as dealing with insurance companies, proving their injuries are work-related, or navigating paperwork. Without the right guidance, delays or denials can happen.
At Hurt Trucker Attorneys, we’re here to make things easier. We help injured truck drivers understand their rights and guide them through the workers’ compensation system. From filing claims to resolving disputes, we ensure drivers get the benefits they deserve without added stress. If you’re a trucker injured, let us help you get the support you need.
Our team at Hurt Trucker Attorneys assists injured truck drivers. We provide legal support through workers’ comp claims, ensuring that each right is fully understood and exercised.
Common Trucking Injuries And Their Implications
Truck drivers in Missouri face unique risks on the job that can lead to serious injuries, impacting their ability to work and earn a living. These injuries can result from crashes, repetitive strain, or heavy lifting, often requiring extensive medical care, physical therapy, and sometimes legal action to secure rightful compensation.
Traumatic Injuries from Accidents
Truckers often suffer serious injuries in accidents such as rollovers, jackknifes, or rear-end collisions. These incidents commonly result in leg and foot injuries, including fractures, sprains, or crush injuries.
In some cases, shifting cargo or equipment failure can cause crush injuries severe enough to lead to amputation or long-term mobility problems. Head, neck, and spinal injuries are also standard, with collisions causing whiplash, herniated discs, or even spinal cord trauma that may result in partial or complete paralysis.
Traumatic brain injuries (TBIs) from these accidents can affect memory, cognitive abilities, and emotional control, potentially preventing a trucker from returning to work.
Repetitive Stress & Occupational Injuries
Truck drivers often face serious health issues due to the physical demands of their jobs. Long hours of sitting in one position, combined with repetitive lifting and loading, can lead to spinal degeneration, nerve compression, and conditions like sciatica or herniated discs, which are common causes of long-term disability claims.
Additionally, repetitive motions, such as shifting gears, steering, or securing cargo, often result in joint injuries like rotator cuff tears or carpal tunnel syndrome, causing chronic pain and limited mobility.
Understanding Legal Rights For Injured Truck Drivers In Missouri
Truck drivers face many risks on the job, including highway accidents and injuries from loading, unloading, or mechanical issues. Missouri laws protect injured truck drivers, allowing them to seek compensation for medical bills, lost wages, and disability benefits. Understanding these rights is essential to ensure fair compensation and to protect against employer retaliation or denied claims.
Missouri law provides several avenues for truck drivers to seek compensation, whether through workers’ compensation, third-party injury claims, or employer liability lawsuits.
Workers’ Compensation for Missouri Truck Drivers (Mo. Rev. Stat. § 287.010)
In Missouri, most employers are required to carry workers’ compensation insurance to cover medical treatment and lost wages for truck drivers injured while performing their job duties. Since Missouri operates under a no-fault workers’ compensation system, injured drivers can receive benefits even if they were partially at fault for the accident.
These benefits include medical coverage for treatment and rehabilitation, temporary total disability (TTD) payments (usually 66.67% of weekly wages), and compensation for permanent disabilities that prevent the driver from returning to work. However, independent contractors may not automatically qualify for workers’ compensation benefits, as employment status often becomes a key issue in truck accident claims.
Third-Party Injury Claims & Employer Negligence
Truck drivers injured due to someone else’s negligence, such as a reckless driver, improper loading by a third party, or a defective truck part, may have the right to file a personal injury lawsuit against the responsible party.
Under Missouri’s pure comparative fault rule (Mo. Rev. Stat. § 537.765), drivers can recover damages even if they are partially at fault, though the percentage of their fault will reduce their compensation.
Employers may also be liable if they fail to maintain safe equipment, force drivers to violate federal Hours of Service (HOS) rules—leading to fatigue-related accidents—or provide proper training and safety protocols.
Deadlines & Filing Claims in Missouri
Truck drivers in Missouri must follow strict legal deadlines to protect their rights:
- Workers’ compensation claims: Injuries must be reported within 30 days (Mo. Rev. Stat. § 287.420).
- Personal injury lawsuits: Truck accident injury claims must be filed within two years (Mo. Rev. Stat. § 516.140).
Missing these deadlines could result in losing your right to compensation. Seeking legal advice can help ensure you meet the requirements.
Steps To Take If Injured On The Job
Have you been injured on the job? We must take immediate action to secure our rights and obtain the necessary support. First, seek medical attention immediately, even if the injury seems minor. This ensures our health is prioritized and provides vital documentation for future claims.
After receiving medical care, you must report the accident to your employer immediately. Prompt reporting helps document when and how the injury occurred and is often required to start the workers’ compensation process.
While at the scene, gather as much evidence as possible. This includes taking photographs, securing witness statements, and maintaining police reports if applicable. Such evidence can be instrumental in supporting our claims.
Next, we should file a workers’ compensation claim. This should be done without delay since it notifies our employer and their insurance about the injury, helping us access workers’ compensation benefits. These benefits might cover medical bills and lost wages.
Preserving all records, including medical reports and any communication with employers, is vital. This documentation will be indispensable if there are disputes about our claims or benefits.
Finally, contacting a professional attorney is essential. A knowledgeable attorney can ensure our legal rights are protected and advise us on additional compensation avenues, such as death benefits or personal injury claims, if applicable.
How Hurt Trucker Attorneys Can Help Protect Your Rights
When truck drivers get injured, sorting through their legal rights can be overwhelming. How can a skilled truck accident lawyer help secure fair compensation? Our firm, Hurt Trucker Attorneys, protects truck drivers’ rights after accidents, ensuring they get the support and legal insight needed.
An injured trucker needs more than just essential legal advice. We offer comprehensive case evaluations and help file personal injury lawsuits that reflect the severity of your situation. Our team negotiates with insurance and trucking companies to secure a fair settlement for your injuries. This ensures your voice is heard and your losses are addressed.
In many truck accident cases, achieving fair compensation requires understanding the nuances of the trucking industry. We have over 40 years of experience and a track record of winning significant settlements.
Navigating the aftermath of a trucking accident can be confusing. We provide both personal injury guidance and information on workers’ compensation. This dual approach ensures you are well-prepared for every aspect of your recovery and legal journey. We aim to relieve the burden and focus on securing what is rightfully yours.
Frequently Asked Questions About Trucking Injury Rights in Missouri
What Compensation Can I Expect?
In Missouri, truck drivers injured may qualify for workers’ compensation benefits under Missouri law (Mo. Rev. Stat. § 287.140). These benefits can cover medical bills, lost wages, and disability payments. If a third party is responsible for the accident, the injured driver may also file a personal injury claim to secure more compensation for pain and suffering (Mo. Rev. Stat. § 537.060). Our firm is committed to assisting you with recovering the full compensation you deserve.
What Evidence is Needed?
Gathering evidence like medical records, accident reports, photos, and witness statements is crucial. These documents support your case, and help demonstrate the extent of your injuries and liability. We prioritize ensuring all necessary evidence is appropriately collected and presented.
Are There Special Laws For Truck Drivers in Missouri?
Missouri truck drivers must follow both state laws and federal FMCSA regulations. Under Missouri law (Mo. Rev. Stat. § 304.012), truck drivers must drive with the highest level of care. Federal regulations (49 CFR § 395.3) also limit drivers’ work hours to reduce the risk of fatigue-related accidents. If a truck driver violates these rules, it can affect liability and the outcome of compensation claims in accident cases.
Contact Hurt Trucker Attorneys Today
Getting injured while on the road can be confusing and difficult. Navigating medical bills, missed work, and legal processes is often overwhelming. We at Hurt Trucker Attorneys understand truck drivers’ unique challenges in these situations.
Our firm has over 40 years of experience advocating for truckers in Missouri. We pride ourselves on our history of securing millions for clients who’ve suffered injuries. Act fast protect your legal rights after an accident is crucial.
Having clear answers is essential when dealing with an injury. You may also lookup our Workers’ Comp & Personal Injury FAQ to find answers to key topics. We’re dedicated to serving the trucking community with empathy and clarity.
If you have questions or are unsure about your next steps, don’t hesitate to contact us. An initial consultation doesn’t cost a thing, and we aim to help you get what you’re entitled to after such a tough experience.
Our compassionate team is just a call away, ready to provide guidance and support. Together, we can navigate your challenges and help secure a brighter future.
