Getting injured while performing a professional job is very unfortunate. Most of the states have issued laws asking enterprises with at least 5 and more staffs to get hold of workers’ compensation insurance coverage. This insurance coverage is also well known as workman’s comp.
If you pursue the role of a commercial truck driver and you got injured while on the job, you may be qualified for the advantages under the coverage of the employer. The laws of workers’ compensation are generated and controlled at the state level. It is an important area that comes under personal injury law.
Who is eligible for the workers’ compensation?
The employment status of the truck driver will decide whether he/she is covered by workers’ compensation. Coverage may not be given to the independent contractors. If a person is an operator or the owner, he/she may possess occupational insurance. It varies from the workers controlled at the state level. If one is covered by the employer’s policy, then he/she can be provided coverage for the injuries that happen in the course of the employment.
Example: A truck accident which may involve pileup of many vehicles or a single car wreck.
A person is eligible to ask for a claim if he/she gets injured after a fall on someone’s property or a truck.
When can a victim file a claim?
Whether a person is a truck driver or a passenger, he/she must act fast otherwise the claim can be denied. It is necessary to file workers’ compensation claim just after the accident because wastage of time will create issues and the claim won't stand firm.
Let’s see an example. In Tennessee, the law stated that a worker must report any work-related damage or injury to the supervisor within a fortnight that is 15 calendar days from the date of the occurred injury or a doctor first inform staff that the injury happened due to the work. Tennessee’s workers’ compensation claims have a particular statute of limitation, one year from the injury date, or, the last voluntary payment that is made by the insurance agency on the behalf of the worker.
The problem is filing the claim on time. Critical but common injuries like broken bones, tearing of the ligament, etc. can burn the employee’s pocket due to the high cost involved.
Available benefits for the injured truckers:
The laws of workers’ compensation cover three kinds of damages:
Medical Benefits: The treatment linked to the crash like doctor’s fees, prescriptions, physical therapy, etc. For covering the medical treatment, approval is required through the administration of the workers’ compensation.
Wage benefits: The injured employee is compensated by the wage benefits for a particular portion of the concerned person’s weekly pay. The doctor suggests the worker take off from the work for getting awarded the benefits.
Disability benefits: If the compensation for the injury becomes permanent, then the entire disability benefits are awarded. The treating physician provides the driver with a rating of the anatomical impairment which helps the trucker to know about the permanence of the injury.
Incidents that are not covered by the workers’ compensation insurance:
There are limits in case of covering the injuries. Usually, the insurance is supposed to cover injuries that occurred due to the carelessness of the employers or the employees. The state may impose drug and alcohol testing on the wounded worker. Compensation can be denied if the test result is found positive and the trucker is found to be under the influence of drug or alcohol during the occurrence of the injury. Again, compensation is turned off if the wounds were self-inflicted. Also, the employees’ violation of the law, agency’s policy and absence on the job during the time of injury can result in denial of the compensation.
It usually doesn’t take into account the person who was guilty for the accident while filing the workers’ compensation claim. The claim is operated on the basis of the no-fault system which indicates that the staff should be able to display that he/she got injured in the course as well as the scope of the employment.
It is extremely necessary to run a detailed investigation. If the accident is found out to be the happened due to third-party negligence, then the worker can file a third-party claim against that specific company or an individual while recovering the workers’ compensation benefits.