In most cases, truck drivers that get injured on the job can file for workers compensation benefits.
The law is quite clear: companies with more than five employees are required to hold workers compensation insurance. If one of their employees gets injured or becomes sick as a result of performing their job, then the company is required to offer workers comp benefits that will cover the cost of medical treatment and lost wages. Keep in mind that the process of filing a claim can be quite complex. Not to mention that some employers might ask you to jump through some unnecessary legal hoops to get your claim approved. It is, therefore, a good idea to speak with an experienced workers’ compensation attorney as soon as possible.
However, what if you are a trucker and get injured while on the job. Do you qualify for workers compensation benefits?
Well, this is not always an easy question.
Workers Compensation for Missouri Truckers
In most cases, truckers that get injured on the job can file for workers compensation benefits. But, here is the twist.
A lot of truckers aren’t employed by a trucking company but are owner-operators. That means that, according to the law, they aren’t perceived as employees. And, because of that, the company isn’t required to hold workers compensation insurance.
One sneaky practice that some trucking companies use to avoid having to pay workers compensation is to classify their truckers as independent contractors, and not employees. If that’s the case for you, it is especially important to get in touch with an attorney and have them review your case.
What Are Your Options?
If you’ve been involved in an auto accident while doing your job, there might be a way to get compensated for your pain and suffering, even if you are an owner-operator and not eligible for workers compensation benefits.
If the other driver was responsible for the accident, then you can make a personal injury claim and have them pay for your medical bills and lost wages. Keep in mind that the process is quite lengthy and you will hold the burden of proof. In other words, it’s on you to demonstrate that the other driver caused the collision whether because of negligence, speeding, drunk driving, and so on.
Truck Drivers Have It Harder Than Many Other Professions
The job and life of a trucker aren’t by any means easy. Working long hours and driving long distances makes them prone to accidents. And to make matters worse, the subject of workers compensation for truckers is quite tricky. If they are not employed but have an owner-operator status, then they may not be eligible for compensation benefits for their injuries and lost wages.
One possible solution would be to get compensation from the at-fault driver, although you may have to go through a complicated process of proving fault.
If you’ve been injured on the job, get in touch with a Missouri workers comp attorney as soon as possible. They can guide you and advise you on the best course of action. Give us a call 24/7 (816) 399-3706 for a FREE Case Evaluation.