Lawyer for Truck Drivers Injured on the Job
Injured in a Tractor-Trailer Accident or While Performing Your Duties as a Commercial Trucker? Learn How to Maximize the Value of Your Workers Compensation Claim
As a truck driver, your job is critical to the American economy. Without you picking up, carrying, and delivering freight, we could not enjoy easy access to food, goods, products, and equipment.
Unfortunately, you and your fellow truckers often pay the price for the conveniences the rest of us take for granted. Commercial truck drivers have some of the highest rates of injuries and deaths of all occupations.
The Federal Motor Carrier Safety Administration (FMCSA) estimates that heavy trucks and buses are involved in fatal crashes each year. Tens of thousands more tractor-trailer drivers suffer injuries while driving, conducting pre- and post-trip inspections, and loading and offloading cargo.
These statistics aren’t surprising. Your job is physically demanding and causes fatigue and exhaustion from long days and weeks on the road. As if that isn’t enough, you also have to deal with other drivers who don’t want to share the road.
This article discusses how truckers can get workers comp and what other legal options you may have if you’re hurt in a truck accident or other type of job-related incident. Workers compensation claims for truck drivers are often disputed and litigated because the trucking industry is heavily regulated, and the injuries are often severe, even career-ending.
Keep reading to learn more. Then call me if you have any questions about workers compensation: (804) 251-1620 or (757) 810-5614. I’ve negotiated hundreds of workers comp settlements for truck drivers – and I’m ready to help you.
What is a Commercial Motor Vehicle?
A commercial motor vehicle is defined as:
- A vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
- A combination of vehicles with a gross combination weight rating of 26,001 pounds or more if the vehicle(s) being towed has a GVWR of more than 10,000 pounds
- A vehicle that carries 16 or more passengers, including the driver
- Any vehicle transporting hazardous materials and requiring a federal placard
How Many Heavy and Tractor-Trailer Truck Drivers Work in the United States of America?
According to the United States Department of Labor’s Bureau of Labor Statistics (BLS), there are more than 2 million heavy and tractor-trailer truckers in the country.
The American Trucking Association estimates the numbers are even higher and more than 3 million professional truck drivers.
Texas, California, Florida, Pennsylvania, and Ohio have the most tractor-trailer truck drivers. Between 25,000 and 50,000 people are employed as truck drivers in Virginia, with the Staunton-Waynesboro Metropolitan Area having a high concentration of truckers.
An additional 1.5 million people work as delivery truck drivers across the country, and millions more have jobs related to the trucking industry.
What are the Largest Trucking Companies?
The company you drive for matters. The larger your motor carrier, the more likely it is self-insured or very involved in claims handling and settlement negotiations.
I represent many truck drivers for large trucking companies, while others hold a CDL and operate commercial vehicles for manufacturers and construction companies.
No matter your employer, I can help. I regularly serve as a workers comp lawyer for tractor-trailer drivers with claims against the nation’s largest truckload (TL) and less-than-truckload (LTL) carriers, such as:
- ABF Freight System
- Abilene Motor Express
- Arkansas Best
- Celadon Group
- Con-way
- Covenant Transport Group
- CR England
- Englander Transportation
- Estes Express Lines
- FedEx Freight
- Greatwide Logistics
- Heartland Express
- Holland
- J.B. Hunt Transport Services
- Kenan Advantage Group
- Knight Transportation
- Landstar System
- Old Dominion Freight Line
- Penske Logistics
- Roadrunner Transportation Services
- R+L Carriers
- Ryder System
- Saia Motor Freight Line
- Schneider National
- Southeastern Freight Lines
- Stevens Transport
- Swift Transportation
- UPS Freight
- U.S. Xpress Enterprises
- Werner Enterprises
- Western Express
- XPO Logistics
- YRC Freight
Truck Driver Qualifications: The Commercial Driver’s License (CDL)
The first responsibility of any truck driver is to obtain a Commercial Driver’s License (CDL). The Commercial Motor Vehicle Safety Act of 1986 requires that all truck drivers, bus drivers, and transporters of hazardous materials hold a CDL.
There are three types of CDLs:
- Class A CDL: This license allows you to operate any combination of vehicles with a gross combination weight rating of 26,001 or more pounds, so long as the towed vehicle weighs more than 10,000 pounds. A Class A CDL allows you to drive tractor-trailers, truck and trailer combinations, livestock carriers, flatbeds, and tank vehicles.
- Class B CDL: This license allows you to operate single vehicles whose weight classifies them as commercial motor vehicles or tow a vehicle that doesn’t weigh more than 10,000 pounds. A Class B CDL allows you to drive large passenger buses, segmented buses, box trucks, dump trucks, straight trucks, and tractor-trailers.
- Class C CDL: This license allows you to transport hazardous materials in small vehicles and operate passenger vans.
In addition to the three CDL types, there are additional endorsements you can obtain:
- Double/Triple Trailers Endorsement (T)
- Passenger Endorsement (P)
- Tank Vehicle Endorsement (N)
- Hazardous Materials Endorsement (H)
- Tank Vehicle/Hazardous Materials Endorsement (X)
- School Bus Endorsement (S)
To get a CDL, you must pass a written knowledge exam and a practical skills test. Most drivers take the test after completing a professional driving school lasting three to six months.
Whether a truck driver has a valid CDL is rarely an issue in workers compensation cases.
However, if you’re injured when operating a heavy vehicle that you are not qualified to drive, or you lied to your employer about having a specific type of CDL, the employer can raise two additional defenses to your claim. It may allege misrepresentation of a material fact on an employment application or a violation of a safety rule/willful misconduct.
Truck Driver Qualifications: The Department of Transportation (DOT) Medical Examination
To drive a commercial motor vehicle, you need to have a CDL and pass a medical examination. Federal law requires you to undergo a physical evaluation with a medical professional listed on the National Registry of Certified Medical Examiners every 24 months (two years).
Certain physical, mental, and neurological disorders will disqualify you from operating a tractor-trailer or other commercial vehicle. For example, epilepsy (seizures), bilateral hearing loss, active alcoholism, uncorrected vision, severe psychiatric disorders, an inability to grasp a steering wheel or operate the vehicle’s pedals with your feet, and specific cardiovascular and respiratory problems will prevent you from driving.
You can receive workers comp benefits if your truck accident or job-related injury results from a pre-existing condition. This is known as an idiopathic injury. But there is an exception – if you lied about the pre-existing condition during your DOT medical examination, the motor carrier may not have to pay for medical care or wage loss.
Truck Driver Training: The Motor Carrier’s Responsibilities
It’s common for motor carriers and their third party administrators (Sedgwick, Gallagher Bassett, etc.) and insurance companies to deny workers comp claims based on the truck driver’s alleged violation of a safety rule. Therefore, you must understand how this defense works – and how to defeat it.
First, negligence has no role in workers comp law. You can receive workers compensation benefits if your carelessness, mistake, or forgetfulness results in the truck accident.
Second, the employer must prove that it had a workers comp rule in place and regularly enforced it.
The motor carrier is required to do more than make sure you have a valid Commercial Driver’s License. It must also complete a Driver Qualification process that includes verifying your written application for employment, conducting a road test, and training you on drug and alcohol testing policies and procedures.
Further, your company should have a safety plan in place that monitors your performance.
If the motor carrier failed to do its job and ensure a safe environment, you can likely defeat a willful misconduct defense.
What are the Duties and Responsibilities of Commercial Truck Drivers?
You have many responsibilities when operating your tractor-trailer and transporting loads. These job duties are found in the Federal Motor Carrier Safety Regulations (FMSCR), industry practices, and company procedures and policies. Some states have also passed commercial motor vehicle laws that govern transportation companies and drivers.
As a professional truck driver, you must follow all traffic laws and:
- Plan your route
- Drive long distances
- Sit for long periods in an awkward position.
- Load cargo onto the trailer
- Unload cargo from the trailer
- Secure cargo for transport using covers, ropes, bungee cords, chains, and blocks
- Push, pull, lift, and carry heavy loads
- Unpack palletized freight
- Conduct pre-trip and post-trip inspections of the tractor and trailer
- Climb ladders and equipment
- Steer and stop a heavy vehicle in traffic and adverse weather conditions
- Maintain a log of your working hours and mileage
- Report mechanical problems to your supervisor
- Work on slippery ramps and loading docks
- Repair equipment on the side of a busy highway or interstate
- Work near toxic chemicals and harmful substances
- Work near heavy equipment such as forklifts and other types of powered equipment
- Use hand tools
Each of these tasks is potentially hazardous.
How Much Time Can I Spend Driving My Truck and Performing Trucking Related Tasks Without Resting?
Most of the truck drivers I represent in personal injury, workers comp, and disability claims worked full-time when they were hurt. Many worked nights, weekends, and even holidays.
The Federal Motor Carrier Safety Regulations limit the number of hours you can drive a heavy vehicle or perform trucking-related tasks.
The regulations break your day into on-duty time, driving time, off-duty time, and sleeper-berth time.
On-duty time includes:
- Time spent at the motor carrier’s property (plant, terminal, facility, etc.) or on public property waiting to be dispatched
- Time inspecting, servicing, or maintaining any commercial motor vehicle
- Driving time, which is time spent operating the vehicle and sitting in traffic
- Time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading of cargo, remaining ready to operate the vehicle, or giving or receiving receipts for shipments loaded or unloaded
- Time repairing or obtaining assistance for a disabled commercial motor vehicle.
- Time performing any compensated work for any person who is not a motor carrier
- Time working in the capacity of or in the employ of a motor carrier
- Time spent providing samples to comply with drug or alcohol testing requirements.
Off-duty time is time spent not on-duty or in the sleeper berth.
Sleeper-berth time is time spent inside the truck’s sleeper berth, resting or sleeping.
Fourteen-Hour Duty Limit for Truckers
You are limited to 14 hours of on-duty time after being off duty for ten or more hours straight. Once you reach the 14-hour limit, you must be off duty for another ten hours before driving again.
You are limited to the 14-hour duty period, even if you take off time during this period for lunch, naps, or other reasons.
Eleven-Hour Driving Limit
During the 14-hour on-duty period, you are only allowed to drive for up to 11 hours total.
You can spend the remaining three hours loading and unloading cargo or completing paperwork.
Sixty/Seventy-Hour Duty Limit
In addition to the 14-hour on-duty limit and 11-hour driving limit, federal regulations limit the number of hours you can work over more extended periods.
You cannot drive more than 60 hours within seven days or 70 hours within eight days.
34-Hour Restart
You may restart your 60/70-hour duty limit after taking off 34 consecutive hours.
How Dangerous is Trucking? Work Injury Statistics for Tractor-Trailer Drivers
You have a dangerous job. According to the Bureau of Labor Statistics:
- 1 out of 6 American workers killed on the job is a tractor-trailer truck driver
- About 1,000 truck drivers die on the job each year. Transportation accidents cause most of these fatalities.
- Tractor-trailer truck drivers have the highest number of nonfatal workplace injuries that require days missed from work to recover.
What are Common Truck Driver Accidents and Injuries?
Three activities result in the majority of truck driver injuries I handle:
- Motor Vehicle Crashes: Most truckers are safe drivers, especially since you must follow strict rules and regulations. But because of the vehicles’ size and awkwardness, truck accidents often result in severe injuries and extensive damage. I’ve represented truck drivers who were hurt when they lost control of their vehicle due to road conditions or weather or when they struck or were struck by another car. These collisions can result in spinal cord trauma, bone fractures, herniated discs, neck and back injuries requiring spinal fusion surgery or causing failed back syndrome, amputation injuries, and whiplash and head injuries (traumatic brain injury, skull fracture, etc.) resulting in post-concussive syndrome.
- Loading and Unloading Cargo: Many truckers suffer injuries when loading and unloading the trailer, often requiring going up and down ramps and stairs and lifting heavy boxes, containers, tanks, and bins. I’ve represented many truckers who suffered broken ankles and knee injuries such as torn ACLs when they slipped and fell, and rotator cuff tears when lifting heavy boxes.
- Pre-Trip Inspection: The pre-trip inspection often requires kneeling, squatting, and climbing. Each of these activities puts you at an increased risk of suffering an injury.
Other common work accidents and injuries for truckers include:
- Brake failure
- Crush injuries when part of the load falls on the trucker
- Carpal tunnel syndrome from gripping the steering wheel, operating the clutch, or unpacking palletized products
- Cuts and lacerations
- Deep vein thrombosis from sitting too long
- Defective tires
- Falls from heights, or while climbing in and out of the truck cab
- Forklift accidents
- Hernias from excessive lifting
- Injuries to internal organs
- Nerve injuries and damage
- Seatbelt injuries
- Soft tissue injuries
- Tire blowouts
- Underride accidents
- Workplace violence (assault, battery, and other intentional torts)
Unfortunately, any of these accidents and injuries can cause permanent impairment that ends your driving career. That’s why it’s so important to know your legal options after a truck accident or on the job injury.
What Workers Comp Benefits are Available for Truckers?
Truck drivers who suffer work-related injuries may be eligible for many types of benefits under workers comp law. These benefits include:
- Lifetime medical benefits covering all treatment related to the injury (doctor appointments, surgery, chiropractic adjustments, prescription drugs, physical therapy, etc.) and consequences of the injury
- A lump-sum settlement
- And more
What is the Average Workers Compensation Settlement Amount for Truck Drivers?
In my experience, the average workers compensation settlement for truck drivers is from $75,000.00 to $225,000.00 or more.
Many of my trucking clients receive six-figure workers comp settlements because they earned good money and suffered injuries that prevent them from returning to trucking. The insurer understands it has significant potential financial exposure, even though it has defenses to the workers comp claim, and you do not have a Workers Compensation Award Letter.
Choosing the Right Jurisdiction: Out of State Workers Comp Claims for Truckers
Suppose you work for a trucking company located in one state but must carry cargo to or travel through other states to do your job.
If your work injury occurs somewhere other than where your trucking company is headquartered, multiple states could have jurisdiction over your workers comp claim.
You have the right to file a claim in whatever state pays the highest wage loss and permanency benefits.
Can I Receive Workers Comp if I’m an Owner-Operator or the Motor Carrier Says I’m an Independent Contractor?
Maybe.
Many truck drivers are owner-operators, not employees of a commercial motor carrier.
If you’re an owner-operator, you must purchase your own workers compensation insurance policy or occupational accident policy to receive benefits after a job-related injury.
However, you may have workers comp coverage under the commercial trucking company’s policy if you are not an owner-operator but are classified as an independent contractor.
Independent contractors are not eligible for workers comp benefits. But the Workers Compensation Commission will examine your relationship with the trucking company and the amount of control it has over your work, not what you call your business relationship, to determine if you are an employee or an independent contractor.
Third-Party Claims for Injured Truckers
As an injured truck driver, you cannot file a lawsuit against your employer for an on-the-job injury. Workers comp is considered the exclusive remedy against the employer for all job-related injuries and occupational diseases.
But if someone else’s negligence caused the accident and injuries, you may have a third-party action against that person in addition to a workers comp claim.
For example, you may have a third party claim against:
- Another driver if that driver’s negligence caused the accident
- The company that manufactured the defective equipment or machinery that caused your accident (product liability action)
- The general contractor, subcontractor, or construction worker whose actions caused you harm
- The forklift operator who struck you while unloading cargo from the trailer.
There are several benefits to filing a civil action against the negligent third party, such as:
- There is no cap on the damages you can recover through the claim
- You can receive compensation for physical pain and mental suffering under tort law. Pain and suffering damages are not available under workers comp.
To learn more about civil actions, read my article: The Virginia Court System.
Other Disability Programs Available to Injured Truck Drivers
In addition to filing a workers comp claim or pursuing a negligence action under tort law, you may also:
- Apply for Social Security Disability Insurance (SSDI) Benefits. You may qualify for Social Security Disability if your work-related injury prevents you from returning to trucking for at least one year, and there is no other work you can do because of your age, education, and work history. The older you are, the easier it is to get SSDI benefits. You can receive SSDI and workers comp at the same time. But you will likely need to hire a disability lawyer to get SSDI.
- Apply for Long Term Disability Benefits. Suppose you have an ERISA disability policy or purchased a private long term disability policy. In that case, you may claim benefits under that policy for as long as you’re unable to drive a tractor-trailer. However, your employer is entitled to a credit for payments made by the long-term disability insurer if the employer paid all the policy’s premiums.
- Apply for Leave under the Family and Medical Leave Act (FMLA). The FMLA provides temporary job protection that workers comp doesn’t. You should take FMLA leave if you’re unable to work after the injury.
- Apply for Unemployment Insurance (UI) Benefits: If your employer terminates your position after a work injury, you can claim unemployment benefits. You can receive unemployment and workers comp benefits at the same time if your treating physician states you’re capable of light-duty work.
Speak to a Top-Rated Trucking Lawyer After Your Truck Accident or On-the-Job Injury
If you are a tractor-trailer truck driver who is concerned that your career is over because of a work-related injury, I can help.
I have offices in Richmond, Newport News, Baltimore, Cambridge, Hagerstown, and Florida and serve the workers comp, disability, and personal injury claims’ needs of truck drivers across the country. If I can’t help you, I’ll refer you to someone who can.
See why my fellow attorneys and past clients have voted me one of the best workers comp attorneys and personal injury lawyers in Virginia. Call (804) 251-1620 or (757) 810-5614 for a free consultation. Let’s pursue all possible routes for recovery.
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