Truck Driver Injuries and Workers’ Compensation

Posted on Saturday, January 4th, 2020 at 3:49 pm    

Truck drivers are prone to many different types of injuries due to being on the road for long stretches of time and the heaviness of the semi, rig, or whatever commercial truck they’re driving. Often drivers are asked to help out with loading and unloading trucks. Many drivers are involved in truck driving accidents. According to the Insurance Institute for Highway Safety, 4,136 people died in trucking accidents in 2018

The Federal Motor Carrier Safety Administration regulates the hours truck drivers can be on the road because of concerns that tired drivers are likely to get into a truck accident. Drivers who carry any type of cargo must follow the following regulations:

  • Drivers can drive a maximum of 11 hours after 10 hours of not driving
  • Truck drivers “may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.”
  • Drivers must take rest breaks of at least 30 minutes if they have driven 8 hours or more since their last off-duty or sleeper berth period.
  • Truck drivers cannot drive more than 60 hours during 7 consecutive days and cannot drive more than 70 hours during 8 consecutive days. “A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.”
  • “Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.”

Causes of truck driver workplace injuries

Truck drivers need to do more than just drive long distances. Some other truck safety concerns include:

  • They should follow the traffic laws for each state that they drive in. Accidents on the highway can occur if the driver or any other driver speeds, drives while distracted, takes a turn too fast, fails to merge properly, runs through a stop sign or red light, or for many other traffic violations. Truck accidents can:
    • Cause a truck to rollover
    • Cause a truck to jackknife
    • Cause a truck to veer off the highway
    • Result in a truck colliding with other vehicles
    • Result in an accident for many other reasons
  • Load their cargo securely or work with the companies shipping the goods to load the cargo securely. This can include lifting, pulling, carrying, and moving cargo which can easily cause injuries. Workers also need to exert energy and force to properly tie down their cargo.
  • Unload the cargo safely. Just as loading cargo can cause workplace injuries, unloading the cargo can cause all types of muscle pulls, aches, and pains. Workers who load and unload cargo can also fall or can be pinned by equipment such as forklifts while helping out with the loads
  • Truck drivers may also be asked to use ropes, chains, and blocks to secure the loads and to place tarps and covers over the loads. During these tasks truck drivers can easily strain and pull muscles, develop cuts and bruises, wrench their backs, and fall.
  • Inspections. Trucks need to be inspected before each delivery for any signs of trouble such as brakes that won’t work, windshield wipers that need replacement, tires than need replacement or need to be pumped with air, and many other tasks. These inspections can easily cause a variety of truck-related injuries. Normally, workers need to conduct similar inspections after they’ve delivered their loads.

Trucks with heavy loads or shifting loads can be especially hard to control

Truck drivers are most prone to musculoskeletal disorders of the back, neck, and shoulders. They are prone to falls which can cause broken bones and soft tissue injuries. Some falls can result in spinal cord damage or a traumatic brain injury. Truck drivers who are hurt in a motor vehicle accident can die, suffer permanent disabling injuries, including but not limited to severe burns, as well as other injuries that can take a long time to heal. Truck drivers who work with forklifts, especially the Moffett types that are carried on the back of a flat-bed truck, run the risk of a loss of limb and many other serious injuries.

Workers’ compensation benefits for truck drivers

Truck drivers who are injured on the job are entitled to medical payments for any necessary surgeries, doctor visits, physical and occupational therapy, psychological care if needed, the cost of medications, and the expense of any medical devices.

Injured workers in North Carolina and in Virginia are generally entitled to 2/3rds of their lost wages until they are released to return to work by their doctor. This can happen either before or after an injured worker reaches Maximum Medical Improvement (MMI). Workers who reach MMI who have not returned to work will be evaluated to:

  • See if they can return to work with any restrictions – such as doing returning to work but not lifting more than 10 or 20 pounds, or refraining from ladder climbing. This is typically accomplished through a Functional Capacity Examination. (FCE)
  • Determine if they have a permanent partial impairment. If so, the worker is assigned an impairment rating related to the body part or parts that were injured. If the employee returns to work, the rating is used to determine if the employee may be entitled to additional money based on the percentage rating of impairment for those body parts. 

Employee versus Independent contractor

A common issue in truck driving cases is whether the driver was an employee or an independent contractor. Generally, only employees are entitled to workers’ compensation benefits. As a general rule, the test in determining the status of a worker is whether the company or person that hired the worker had control over how and when the driver performs his/her duties. Drivers who only work for one company, are paid a W-2, are required to wear a company uniform, and drive trucks owned by the hiring company or person are usually going to be classified as an employee and not as an independent contractor.

On the other hand, truckers who own their own trucks and haul loads for numerous companies are generally going to be considered to be Independent Contractors. 

Virginia and North Carolina Workers’ Compensation Attorney Joe Miller Esq. works with truck drivers and all types of workers to help them get just recoveries. He’s helped thousands of North Carolina and Virginia workers get the full benefits they deserve. He works with your doctors and independent physicians to determine the severity of your injuries and when and if you can return to work. To schedule an appointment, call lawyer Joe Miller at 888-694-1671 or complete my online contact form