What are the special challenges faced by truck drivers if you are injured on the job and need to file a workers’ compensation claim?
This question is especially relevant in the spring and summer of 2020 when we all depend on truck drivers to keep our grocery stores and pharmacies stocked, and we are depending on drivers to deliver purchases we make at online stores.
I am hearing from an increasing number of truck drivers who are reporting injuries associated with long hours driving, loading and unloading trucks, struggling with balky equipment and falls from and around their trucks.
I have represented truck driver clients who are struggling with back injuries, knee injuries, arm injuries and leg and ankle injuries. I have also represented delivery drivers who were injured as a result of guard dog bites. Further, if your injury occurred due to a collision that was not your fault, you may have a third party claim against the at fault driver.
Regardless of whether your injury happens locally or in a different state, you need to deal with the practical issue of reporting your injury and getting yourself back home. I have seen many cases where a trucking company supervisor will pressure an injured driver to “tough it out” and drive the truck home despite a significant injury.
I strongly advise putting yourself at risk by driving a truck when you are in significant pain or have physical limitations due to back, leg or arm injuries. Under Georgia workers’compensation law, your employer must provide emergency access to medical care even if you are in a different state, and your employer, not you, bears the burden of getting your vehicle back home.
Second, there can sometimes be a question of whether a trucker is an employee or an independent contractor. There has been a lot of litigation over this complicated issue but the big picture takeaway for you is that the law, not a job title or label put on you by the trucking company, determines your status. If your employer treats you like an employee but labels you as an “independent contractor” you are most likely an employee for workers’ compensation purposes.
Third, as noted above, truckers can get injured doing tasks other than driving. I have represented truck drivers who were hurt falling out of their trucks, loading and unloading cargo, or struggling to hitch a trailer to a cab. If you are injured while performing a task that benefits your employer, you are most likely covered under Georgia workers’ compensation.
Fourth, there is the question of whether you are eligible to file for work injury benefits as a Georgia employee or under the workers’ compensation laws of another state. Generally speaking, if your employer is based in Georgia or if you are injured in Georgia, then Georgia law controls, but this is a question to discuss with your lawyer early on in your case.
If you were hurt while performing the duties of a truck driver, don’t guess about what to do next. Call me at 770-351-0801 to discuss your injuries, how to get medical care and the lost income funds now available to you.
Jodi Ginsberg
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