WORKERS’ COMPENSATION AND COMMERCIAL DRIVERS
Commercial drivers can often face scrutiny over having seemingly simple and mundane job tasks, but thousands are injured or killed across the country doing them every day. The Federal Motor Carrier Safety Administration (FMCSA) reported 130,854 truck crashes in 2021; over half as many injuries for truck drivers and others involved occurred as a result.
Since these incidents are highly probable for those in this industry, how is workers’ compensation and their ability to file a claim affected? Fortunately, in most cases, the same protections are given to truck drivers as in other industries.
WHAT RIGHTS ARE TRUCKERS ENTITLED TO?
Depending on the circumstances, if a truck driver is injured in a crash, they can report the injury to their supervisor and file a workers’ compensation claim for damages. However, it is crucial to know what your role is classified as and your employer-employee relationship. The nature of these instances may make it more difficult to pursue compensation through a workers’ compensation claim.
WHEN ARE THEY NOT COVERED?
There may be several cases where a truck driver is not covered under workers’ compensation. The first of which is if they are hired as an independent contractor—these workers are not inherently protected under workers’ compensation laws in Kentucky. Another factor may be if the trucker is not employed by a trucking company and is instead an owner-operator; this may make them ineligible for these benefits in some circumstances.
KENTUCKY WORKERS’ COMPENSATION ATTORNEYS
The award-winning team at Justice Injury Law understands the complexity of workers’ compensation cases and can help you pursue the justice you deserve. When you’ve been injured performing your work duties and need assistance filing a workers’ compensation claim, call 502-584-5455 or fill out this short form to schedule a free consultation.