Jun 15, 2022
Can I Get Workers’ Compensation for a Truck Accident
Employees injured in the workplace may be entitled to workers’ compensation benefits. On-the-job accidents aren’t limited to those occurring in an office or involving something like a slip and fall. If you are a truck driver and get into an accident while on the clock, you can file a workers’ compensation claim, provided that you meet the definition of a covered employee.
If your claim is approved, you may receive benefits for medical care expenses and lost wages. Although the connection between your work-related duties and the accident causing your injuries might seem obvious to you, your employer or the company’s workers’ compensation insurance carrier may not see it that way. You could experience challenges when pursuing benefits or your claim could be denied altogether.
Because of the complexities involved in filing a workers’ compensation claim and the importance of getting the financial recovery you need for expenses and losses related to your injuries, it’s crucial to have a skilled attorney help you through your case.
If you are an injured truck driver in Atlanta, call Hansford McDaniel – Workers’ Compensation Attorneys at 770-922-3660 or contact us online to learn how we can assist you.
Workers’ Comp Benefits You Can Receive After a Commercial Truck Accident
You could file a claim for workers’ compensation if your truck accident happened while you were fulfilling work-related duties during the course of your employment.
Truck crashes often result in serious or catastrophic injuries, not just to the occupants of the other vehicle but also to the truck driver. Following your accident, you may need extensive medical care and be out of work for some time as you recover.
Workers’ compensation benefits can cover medical-related expenses, such as:
- Doctor’s bills
- Hospital costs
- Rehabilitative services
- Medical-related travel expenses
Additionally, if your on-the-job injury keeps you out of work for more than 7 days, you may be able to receive weekly disability benefits.
These can include benefits for:
- Temporary Total Disability: When you cannot work for a short period because of your injuries. You can be paid two-thirds of your average weekly wages.
- Temporary Partial Disability: When you can work, but not in the same position you had before your injuries. This might mean you must take a lower-paying job. You can get two-thirds of the difference between your current average weekly wages and your average weekly wages before your injury.
- Permanent Partial Disability: When your accident causes permanent disability to a body part or bodily function. Your benefit amount is determined by the percentage of your impairment as assigned by an authorized physician.
You may not be entitled to workers’ compensation benefits if:
- Your willful misconduct caused the accident.
- You refused a drug test, as it will be presumed that the accident was caused because of alcohol or drugs.
- You are not an employee of the company. An employee is a full-time or part-time worker under a hiring contract. Truck drivers who are independent contractors do not meet this definition.
Filing a Truck Accident Workers’ Compensation Claim
You must follow certain protocols to pursue compensation after your accident. As with any other collision, immediately following yours, call the police, take photos and videos of the scene, and get contact information for the other driver and witnesses.
You must then report the incident and your injuries to your employer or supervisor. You have 30 days to file the report. If you miss the deadline, you could jeopardize your eligibility for benefits.
If your company’s insurance carrier denies your request for benefits, you have one year from the date of your injury to file a claim with the State Board of Workers’ Compensation.
Get Help from a Workers’ Compensation Attorney
Pursuing workers’ compensation can be time-consuming and frustrating. When recovering from injuries suffered in an accident, it might be difficult for you to take care of all the details of your case. Fortunately, you can have a truck accident lawyer represent you at all stages.
At Hansford McDaniel – Workers’ Compensation Attorneys, our team in Atlanta can help prepare documents and file your claim. We can also stand up for you if your request for benefits is denied.
Schedule a consultation with us by calling 770-922-3660 or submitting an online contact form.