Workers Compensation Truck & Delivery Driver Injury Claims
If you drive an over-the-road truck, delivery truck or other commercial truck for a living, we know that you face risks every day. You can be injured on the road, at the loading and unloading docks or anywhere in between. The fact you as a truck driver are injured far away from where you live or from where your employer is based can complicate efforts regarding making a claim for workers’ compensation for medical bills, lost wages, rehabilitation and other benefits.
Special Rules for Truck Drivers Under
the North Carolina Workers Compensation Act
For truck drivers, sometimes it is difficult to determine where to file a claim if injured on the job. Section 97-19.1 of the North Carolina Workers Compensation Act applies to truck drivers and trucking employees. It states that:
“Any principal contractor , intermediate contractor , or subcontractor, irrespective of whether such contractor regularly employs three or more employees, who contracts with an individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by the United States Department of Transportation and who has not secured the payment of compensation in the manner provided for employers set fort in G.S. §97-93 for himself personally and for his employees and subcontractors, if any, shall be liable as an employer under this Article for the payment of compensation and other benefits on account of the injury or death of the independent contractor and his employees or subcontractors due to an accident arising out of and in the course of the performance of the work covered by such contract.”
The intent of the of this section of the Act is to resolve situations where an interstate or intrastate motor carrier and/or owner-operators must provide workers’ compensation insurance. At the law firm of Hemmings & Stevens, PLLC, we are familiar with workers compensation claims for truck drivers and can help you determine where and how to file your claim.
Workers Comp Benefits for Trucking Company Employees
If you are injured while on the job as a truck driver, under North Carolina workers’ compensation law, you are entitled to (1) Medical Care and Rehabilitation, (2) a portion of your Lost Wages, and (3) compensation for any Permanent Injury.
Tractor Trailer Accidents Caused by Other Drivers
At the law firm of Hemmings & Stevens, PLLC we are experienced personal injury law firm that represents commercial truck drivers in workers’ compensation claims as well as claims against third-parties who may be responsible for your injury. If you are injured on the road in a collision with a negligent motorist or if your rig failed to operate properly due to a manufacturer’s defect (such as an exploding tire), you may have the right to file a third-party claim.
When a highway accident is the fault of another driver, you can file a workers’ compensation claim with your employer and a third-party claim against the person who caused the accident and you can collect damages from both claims. This can become complicated and a third party accident is very much a situation where you will need to hire an experienced workers’ comp attorney.
About Your NC Workers’ Compensation Claim
To learn more about your workers’ compensation claim in North Carolina, please see the following articles:
Lawyers Charge No Fees Unless We Get Results
To schedule a free consultation with an attorney to discuss your specific injury, e-mail us or call us at 919.277.0161. Based in Raleigh, we handle workers’ compensation cases statewide in North Carolina. We handle all workers’ compensation cases for trucker drivers on a contingency fee basis. You don't have to pay any attorney fees unless we get results for you. If you have questions or concerns about your workers’ compensation claim, contact the North Carolina workers' compensation lawyers at Hemmings & Stevens, PLLC today.