Out-of-state truck driving accidents and collisions can be detrimental to a driver’s career. Truck drivers are vital to our economy. They help transport goods across the country, usually under time pressure and stressful traffic conditions. While drivers train to drive safely to avoid collisions, they aren’t immune to accidents while on the road.
Unfortunately, many drivers aren’t courteous to truckers and the challenges they face. This behavior can lead to collisions that even the most skilled drivers are unable to avoid. Also, the long hours and hazardous roads truckers have to travel through can cause accidents as well.
Accidents are one of the occupational hazards truck drivers face when they are on the road. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2017, there were approximately 450,000 police-reported vehicle crashes involving large trucks. Three hundred forty-four thousand of these resulted in an injury.
Whenever you are injured in a truck driving accident, this can limit your ability to work and make a living. The inability to work is why workers’ compensation is crucial for truck drivers to recover without worrying about the weight of medical bills and lost wages.
If you are an interstate truck driver, a collision is likely to happen outside of your state, which can complicate how you will receive compensation for your injury. Whenever you are going through the process of filing for workers’ compensation, it is an excellent idea to consult with an experienced interstate truck collision lawyer. Keep reading to learn more about how to deal with these types of accidents.
What Factors Contribute to Your Truck Driving Accident Workers’ Compensation?
Whenever you are looking to file workers’ compensation for your injury, there are a few significant factors that affect how your claim will be resolved.
- The company you work for dictates a majority of the cases. Your company and its workers’ compensation will help you to make a decision based on several factors. Some of the items include:
- The location or state of the company.
- What kind of workers’ compensation insurance the company has. Some insurance is state-run while other insurance policies come from private companies.
- The employment status of the truckers. Are you considered an employee or a private contractor? How your employer labels you can make a difference for compensation considerations.
- The state where your injury occurred can change compensation. Each state’s laws affect how drivers need to handle their workers’ compensation claims.
- Your residence. Sometimes, the best decision is to file a workers’ compensation claim in your home state. However, it is essential to be aware of your state’s rules and regulations on claims.
Whenever you are filing workers’ compensation for the accident you were in, there are a few factors about your employer that can affect how you receive your payment.
Where Is Your Employer Located?
The state where your employer resides will determine how they compensate you. Some states have very stringent rules on who can be paid for injuries within their borders. Others are more lenient on compensation.
What Kind of Workers’ Compensation Insurance Does Your Employer Have?
Some states require that employers have state-backed workers’ compensation insurance; others allow for commercial insurance. The payment and amount of compensation you receive will depend on what kind of coverage your employer has.
What is Your Employment Status with the Trucking Company?
Many transport companies are moving towards hiring truck drivers as independent contractors versus company drivers. If you classify as an independent contractor, you will most likely need to carry your own disability compensation insurance. If you are a company driver, your employer’s insurance will cover you.
What State Were You In When You Were Injured?
Whenever you are in an out-of-state accident, the state in which the injury occurs can affect your workers’ compensation claim. Some states default to the location of your employer, while others take your claim directly. Consulting with an established lawyer can help you identify the best route to consider whenever you are looking for fair compensation.
Should You File a Personal Injury Claim?
Workers’ compensation will cover most of your medical bills or lost wages whenever you are in an accident on the road. You may need to pursue a personal injury lawsuit if a third party, such as a negligent driver or the manufacturer of the truck, was at fault for your collision. Consulting with a lawyer experienced in workers’ compensation law and personal injury law is vital to make sure you decide for your financial future. You may be required to subrogation to the workers’ compensation insurance company which can limit your recovery against a negligent party and an experienced attorney can maximize your recovery.
If you have been injured in an out-of-state collision as a truck driver, talk with an attorney who can help you navigate workers’ compensation. Contact Tolbert Beadle for more information.