If you drive a truck for a living, you run a higher risk of suffering a work-related injury than many other types of employees. Trucking remains one of the deadliest occupations in the nation.
Arizona workers’ compensation laws allow most employees, including truck drivers, to receive benefits to provide financial support while they recover from work-related injuries, illnesses, or medical conditions. But if you operate a semi-truck as an independent contractor, you may have to take a different route to seek compensation.
An experienced workers’ compensation lawyer from Matt Fendon Law Group can help determine your legal options if you sustained an on-the-job injury.
Our firm’s founding attorney, Matt Fendon, is a certified workers’ compensation specialist with a deep understanding of the challenges employees face after a workplace injury. Call us at (800) 229-3880 or use our contact form today for a free consultation.
Can Truck Drivers Receive Workers’ Compensation?
The Industrial Commission of Arizona requires most public and private sector employers to carry workers’ compensation insurance if they have one or more workers. This rule applies to full-time and part-time employees. A few industries are exempt from this requirement, but the trucking industry is not one of them.
Most Arizona employers purchase workers’ comp insurance through a private company. However, companies can insure themselves if they meet certain state requirements.
If you are a truck driver for a trucking company in Arizona, your employer should provide you with workers’ compensation coverage. But sole proprietors or independent contractors may not qualify for workers’ comp benefits.
Some companies misclassify truck drivers as contractors even though their duties should qualify them as employees. If you think you have been misclassified, talk to a lawyer as soon as possible.
Benefits Available Through Arizona Workers’ Compensation
Arizona employees, including truck drivers, who are injured on the job are eligible for workers’ compensation benefits, including the following.
Medical Benefits
Workers’ compensation covers past and future medical costs, such as doctor visits, medications, surgery, inpatient hospital stays, physical therapy, and other reasonable costs.
Temporary Disability Benefits
Injured truck driver employees who cannot return to work can receive wage replacement benefits that compensate for a portion of their weekly wages. How much you may receive depends on your average weekly wage before your injury. How long you receive these benefits depends on the severity of your injury.
Permanent Disability Benefits
If you suffer an injury at work that permanently prevents you from going back to work, then you may be eligible for permanent disability benefits.
Vocational Benefits
If you cannot perform your previous job duties because of an injury, but could still find other employment, then workers’ compensation may provide vocational benefits that let you complete educational courses, job training, and use job placement services.
Death Benefits
If a truck driver dies as a result of their injuries or illness, close family members can receive death benefits. These benefits can provide for funeral and burial costs.
What If My Injury Was Not Work-Related?
Workers’ compensation is available to eligible truck drivers regardless of who is at fault for the injury. However, workers’ compensation coverage only applies to work-related injuries.
Figuring out what counts as a work-related injury can be difficult for truck drivers. A good general rule is that if the injury happened while you were involved in a job-related task, then you are most likely eligible for workers’ compensation benefits.
For example, if you were injured in a crash on your way to drop off your cargo, you would most likely qualify for workers’ compensation benefits no matter who caused the accident. Driving is the main activity truck drivers perform, so if you are involved in a truck accident during a delivery, any injuries you suffer would likely be considered work-related.
But let’s say you got hurt before you were on the clock. In this case, injuries that occur before your shift starts would likely not entitle you to workers’ compensation. If you do not know whether your injuries are considered work-related, a workers’ compensation lawyer can help you.
Third-Party Claims for Truck Drivers
Workers’ compensation benefits are the main source of compensation for injured truck drivers. Employers that provide no-fault workers’ comp benefits to workers are immune from most negligence lawsuits under Arizona law.
In some situations, it could be possible to file a third-party personal injury claim if someone other than the employer is responsible for the accident.
Independent Contractor Claims Against Trucking Companies
Independent contractors may have negligence-based third-party claims against the company that contracted them.
Matt Fendon Law Group handles workers’ compensation claims for truckers, but we can provide referrals to experienced truck accident attorneys in Arizona who can determine if you are eligible to make a personal injury claim against a third-party.
Common Truck Driver Injuries
Truck accidents can result in severe injuries to drivers, such as:
- Broken bones
- Internal organ damage
- Internal bleeding
- Neck injuries and back injuries
- Burns
- Spinal cord injuries
- Traumatic brain injuries
- Crushed, severed, or amputated limbs
- Injuries to the head and face
- Emotional distress
Traffic accidents are not the only way trucking workers get injured on the job. Workers’ compensation claims may also arise from:
- Falls while loading or unloading cargo
- Repetitive stress injuries from carrying, lifting, and unloading heavy boxes
- Being hit by heavy or falling objects (e.g., lift gates, cargo palettes, etc.)
What to Do If You’re Hurt While Driving a Truck for Work
A successful workers’ compensation claim can provide reimbursement for your medical expenses and lost wages, along with disability benefits. To obtain benefits, you will need substantial proof of your work-related injury.
Protect your claim by taking these steps after an injury:
- Document the accident scene. Take pictures with your phone, get the names and insurance information from anyone else involved, and write down any witnesses’ names and contact information.
- Report the injury to your employer. Notify someone in a supervisory role and put the report in writing so you have a record of when you gave them notice.
- See a doctor immediately. Tell the physician the injury is work-related, and be as descriptive about your injuries as you can without exaggerating your symptoms.
- Save all the evidence you can. This includes crash scene photos, police accident reports, medical records, and driving logs. Other physical evidence may be relevant, such as the clothes and shoes you were wearing if you slipped and fell on a loading platform.
- Don’t give any recorded statements. Anything you say to your employer or the insurance carrier can potentially be used against you to minimize or deny your claim.
- Talk to a workers’ compensation lawyer. An experienced workers’ comp attorney can identify the information you need to support your claim and recommend the best strategy for pursuing benefits.
We Fight for Truck Driver Workers’ Comp
At Matt Fendon Law Group, our workers’ compensation attorneys represent disabled and injured workers throughout Arizona. Our legal team has specialized knowledge and a commitment to providing exceptional service to every client.
If you suffered injuries while driving a truck for work, we can help you determine if you are eligible to receive workers’ compensation benefits. If you are, we can prepare your workers’ comp claim and represent your interests from start to finish.
Call us at (800) 229-3880 or contact us today for a free case review. Our workers’ compensation team is available to provide support and answer your questions.
