Workers’ compensation for truck drivers is a state-mandated insurance benefit that covers medical expenses and lost wages when a driver is injured on the job. In North Carolina, most trucking companies must provide this coverage regardless of how many employees they have – and in many cases regardless of whether the driver is classified as an employee or an independent contractor.
Key Takeaways
- Most trucking companies must provide workers’ compensation coverage in North Carolina—even for drivers classified as independent contractors.
- Coverage usually follows the truck’s U.S. DOT number, meaning the entity controlling the driver’s work and paying wages is typically responsible.
- Determining the correct insurer can get complicated, especially when multiple companies or multiple states are involved in the trucking arrangement.
- Fault generally does not matter—truckers can receive workers’ comp benefits even if they contributed to the accident.
- Injured truck drivers should report the injury, seek approved medical care, and file a claim quickly, as delays or disputes are common.
- Experienced workers’ comp attorneys are essential to navigating multi-state trucking relationships and ensuring benefits are properly paid.
Because of this, workers’ comp for trucking companies and truckers works a bit differently. We compiled this blog at Mehta & McConnell, PLLC, to provide essential information to injured truckers and their families.
You can reach our lawyers at 980-326-2270.
What Is Workers’ Compensation for Truck Drivers?
North Carolina law requires most trucking companies to carry workers’ compensation insurance for their drivers, including drivers classified as independent contractors, as long as the company operates commercial trucks licensed under a U.S. DOT number.
Specifically, North Carolina law requires owner-operators operating commercial trucks licensed by the U.S. Department of Transportation to cover their drivers’ workers’ compensation insurance, even if the drivers might be considered independent contractors.
North Carolina uses a right-to-control test to determine whether a truck driver is an employee or an independent contractor for workers’ compensation purposes. The key factors include who sets the driver’s schedule, who provides the equipment, whether the driver works exclusively for one company, and how the driver is paid – hourly wages versus a per-load rate. Under G.S. 97-19.1, a driver operating under a motor carrier’s U.S. DOT number is presumed to be covered by that carrier’s workers’ compensation policy, even if the driver signed an independent contractor agreement.
If the truck’s owner-operator is uninsured, the motor carrier or the company contracted to transport the goods may be responsible for the workers’ compensation claim.
Are Truck Drivers Covered Under NC Workers’ Comp?
Workers’ compensation coverage for a truck driver is provided by the entity whose U.S. DOT number is on the truck – regardless of whether the driver is classified as an employee or an independent contractor under that arrangement.
However, there are instances when the trucking company would not cover independent contractors. The trucking company’s workers’ comp insurance will not provide coverage if a driver who is an independent contractor is:
- Individually licensed by the U.S. DOT, and
- Personally operates the truck solely according to that U.S. DOT license.
It is common for disagreements about who is responsible for providing coverage to arise. You should consult a North Carolina trucking workers’ compensation attorney to protect your rights if coverage disputes arise.
Example: How Multi-Party Trucking Claims Work
An on-the-job trucking accident can quickly become complex. So, how does this all play out in a real-life scenario?
Suppose Company A, the motor carrier hired to transport bananas, enters into a lease agreement with Company B, the owner-operator of a fleet of trucks to use their vehicles. Company B then offers Trucker Tom’s services to drive the truck, but first, Company A must approve Trucker Tom operating the truck.
Company A further tells Trucker Tom when, where, and how the bananas will be transported. Determining whether Company A or Company B is responsible for providing trucking workers’ comp insurance can become complicated if Trucker Tom is injured.
This situation can become even more complex if the entities are in different states. For instance, if Company A is in Florida and Company B is in North Carolina, identifying which is responsible is crucial in determining how to proceed with a workers’ compensation claim. Each state has its own workers’ compensation system and rules to follow.
A seasoned attorney can help identify the correct entity to ensure you receive the compensation benefits you deserve.
What Should You Do If You Are Injured?
Trucking workers’ comp claims must be paid in most cases, but getting from the accident to receiving your benefits can be challenging. You might wonder, “How do I file a claim to secure workers’ comp benefits after an on-the-job accident?” Typically, you will proceed as follows:
- Receive emergency medical care,
- Report the accident to your employer or supervisor,
- For non-emergencies, seek medical attention from an approved physician,
- Follow the medical advice given by your doctor, and
- File a workers’ compensation claim.
Once your claim is filed, your employer and insurance carrier will approve or deny it. Even if they eventually accept your claim, the process can be fraught with unnecessary delays.
After reporting the injury, file Form 18 with the North Carolina Industrial Commission within 30 days to preserve your right to benefits. If your claim is accepted, workers’ compensation covers all authorized medical treatment and pays temporary total disability benefits equal to two-thirds of your average weekly wage, subject to the state maximum. If the carrier or insurer denies the claim, you have the right to request a hearing before the Industrial Commission.
A North Carolina trucking workers’ compensation insurance attorney can assist you with your claim and get the compensation you need and deserve.
Does Trucker Fault Matter?
Workers’ compensation is a no-fault system, which means a truck driver injured on the job receives benefits whether or not they caused the accident.
However, because of this, it also typically prohibits you from filing a lawsuit directly against your employer. There are exceptions, however; your attorney can assess your case to determine your options.
Frequently Asked Questions
Are truck drivers eligible for workers’ compensation benefits?
Truck drivers are eligible for workers’ compensation in North Carolina when they are injured during the course and scope of their employment and their employer is required to carry coverage. Eligibility turns primarily on worker classification – whether the driver is an employee or an independent contractor – and on whether the injury occurred while the driver was performing job duties. Drivers operating under a motor carrier’s DOT number are often covered even if they signed an independent contractor agreement.
Can owner-operator truck drivers receive workers’ compensation?
Owner-operators are usually classified as independent contractors and often lack automatic workers’ compensation coverage. Some carry their own insurance or are required to by contract or carrier.
What types of injuries are covered for truck drivers under workers’ compensation?
Workers’ compensation covers injuries from crashes, lifting, repetitive stress, falls, and other job-related incidents. It includes medical care and wage loss benefits.
Does workers’ compensation apply to long-haul or interstate truck drivers?
Workers’ compensation can cover long-haul and interstate drivers, but rules vary by employer location and driver classification. Multi-state work can complicate claims.
Can a truck driver receive workers’ compensation after a non-traffic injury?
Workers’ compensation covers any injury that arises out of and in the course of employment, not just highway accidents. A truck driver who strains their back loading freight, slips on a loading dock, or is injured during a pre-trip inspection may file a claim. The key question is whether the injury occurred while the driver was performing a task within the scope of their job duties.
North Carolina Workers’ Comp Attorneys for Truckers
At Mehta & McConnell, PLLC, we are attorneys for injured workers and believe in providing compassionate yet aggressive representation to our clients to get them back on their feet and receive the compensation they deserve. If you are a trucker injured in a work accident and unsure where to turn, contact us for a no-cost consultation.
Viral Mehta
Viral Mehta is a Managing Attorney at Mehta & McConnell Injury Lawyers in Charlotte, NC, and one of fewer than 1% of North Carolina attorneys holding a North Carolina State Bar Board Certification in Workers’ Compensation law. He spent the first decade of his career defending employers and insurance companies in workers’ comp claims before switching sides to represent injured workers. A North Carolina Super Lawyer (2024, 2025) and five-time Rising Star, Viral was also a contributing author of the 2017 North Carolina Workers’ Compensation LexisNexis Practice Guide and is certified by the North Carolina Dispute Resolution Commission as a Superior Court mediator.