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.
A commercial motor vehicle is defined as:
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.
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:
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:
In addition to the three CDL types, there are additional endorsements you can obtain:
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.
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.
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.
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:
Each of these tasks is potentially hazardous.
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:
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.
You have a dangerous job. According to the Bureau of Labor Statistics:
Three activities result in the majority of truck driver injuries I handle:
Other common work accidents and injuries for truckers include:
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.
Truck drivers who suffer work-related injuries may be eligible for many types of benefits under workers comp law. These benefits include:
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.
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.
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.
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:
There are several benefits to filing a civil action against the negligent third party, such as:
To learn more about civil actions, read my article: The Virginia Court System.
In addition to filing a workers comp claim or pursuing a negligence action under tort law, you may also:
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.