Truck Driver Worker’s Compensation Claim? Know Your Rights!

If you are a truck driver, you play an essential role in keeping our economy moving. You face long hours on the road, challenging weather conditions, and other risks that come with the job. Unfortunately, accidents happen, and many truck drivers are injured through no fault of their own. If you’re a truck driver injured, it’s important to understand your legal rights—especially regarding worker’s compensation and third-party lawsuits.

What Is Worker’s Compensation? Worker’s compensation is a system designed to provide benefits to employees who are injured on the job. These benefits can cover medical expenses, a portion of lost wages, and other costs related to the injury. While worker’s compensation is helpful, it is not always enough to fully compensate injured workers for their losses—especially when the injuries are severe or caused by the negligence of a third party.

Can I File a Lawsuit if I’ve Already Filed a Worker’s Compensation Claim? Yes, you can. Many truck drivers don’t realize that filing a worker’s compensation claim does not prevent them from pursuing additional legal action against a third party who may be responsible for their injuries. For example, suppose you were injured in a trucking accident caused by another driver’s negligence. In that case, you may be able to file a personal injury lawsuit against that driver or their employer.

Worker’s compensation only applies to your employer and co-workers. It does not cover the negligence of third parties, such as:

  • Other drivers on the road.
  • Manufacturers of defective truck parts.
  • Maintenance companies that failed to service your truck properly.
  • Companies responsible for unsafe loading practices.

Why Pursue a Third-Party Claim? Filing a third-party claim can provide additional compensation beyond what worker’s compensation offers. This may include:

  • Full reimbursement for medical expenses.
  • Compensation for pain and suffering.
  • Coverage for all lost wages, including future earnings.
  • Damages for permanent disabilities or loss of quality of life.

By pursuing a third-party claim, you can seek the full amount of compensation you deserve, helping to ease the financial burden caused by your injury.

Common Scenarios for Truck Driver Injuries Truck drivers may have claims against third parties in a variety of situations, including:

  1. Accidents with Other Vehicles: If another driver caused the crash, they or their insurance company may be liable for your injuries.
  2. Defective Equipment: Faulty brakes, tires, or other truck components can lead to serious accidents. The manufacturer or distributor of the defective part may be held responsible.
  3. Unsafe Working Conditions: If a loading dock or warehouse company’s negligence led to your injury, they may be held accountable.

Don’t Settle for Less Than You Deserve Many injured truck drivers mistakenly believe that their worker’s compensation benefits are the only remedy available. This misconception can lead to missed opportunities for additional compensation. By exploring your options and understanding your rights, you can take the necessary steps to protect your future.

How an Attorney Can Help Navigating the legal system can be overwhelming, especially when you’re recovering from an injury. That’s where an experienced attorney comes in. An attorney can:

  • Investigate the details of your case to identify all liable parties.
  • Handle the legal process while you focus on your recovery.
  • Negotiate with insurance companies to secure fair compensation.
  • Represent you in court if a fair settlement cannot be reached.

Contact Us to Learn More If you’re a truck driver who has been injured on the job, don’t wait to explore your legal options. At Borsellino P.C., we have extensive experience helping workers recover the compensation they deserve. We’ll help you understand your rights and fight to maximize your recovery. Call us at 817.908.9861, email me here or use this contact form for a free consultation.  

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