Generally, workers’ compensation is a fairly straightforward system. However, workers’ comp for truckers is a little more complicated, primarily if they work across state lines and when claims potentially involve several parties.
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.
Workers’ Comp for Truckers
Ordinarily, any business with three or more employees must carry workers’ compensation insurance coverage. However, under North Carolina law, most trucking companies are required to provide coverage regardless of how many employees they have or whether their drivers are classified as employees or independent contractors.
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.
So, how do you know when the owner-operator’s insurance covers the driver? The main factor is the same as in most other situations: Who controls the driver’s performance and duties? Another factor to look at is where their paycheck comes from. In other words, who pays them?
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.
What Does This Mean?
Generally, workers’ comp coverage for the trucker should be provided by whoever the truck’s U.S. DOT number is licensed to. Workers’ comp coverage should be provided even if the driver would otherwise be considered an independent contractor.
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 an experienced trucking workers’ comp attorney to ensure your rights if that happens to you.
Example Scenario
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.
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?
Notably, the workers’ compensation insurance system is a no-fault system, meaning it generally does not matter who is at fault for causing the accident. You are still entitled to benefits.
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.
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 the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. He enjoys spending time with friends and family, traveling, sports, and reading.
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