{"id":4852,"date":"2020-01-04T15:49:30","date_gmt":"2020-01-04T19:49:30","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4852"},"modified":"2020-05-26T13:57:07","modified_gmt":"2020-05-26T17:57:07","slug":"truck-driver-injuries-and-workers-compensation","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/truck-driver-injuries-and-workers-compensation\/","title":{"rendered":"Truck Driver Injuries and Workers\u2019 Compensation"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">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\u2019re driving. Often drivers are asked to help out with loading and unloading trucks. Many drivers are involved in truck driving accidents. According to the <\/span><a href=\"https:\/\/www.iihs.org\/topics\/fatality-statistics\/detail\/large-trucks\"><span style=\"font-weight: 400;\">Insurance Institute for Highway Safety<\/span><\/a><span style=\"font-weight: 400;\">, 4,136 people died in trucking accidents in 2018<\/span><span style=\"font-weight: 400;\">.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The <\/span><a href=\"https:\/\/www.fmcsa.dot.gov\/regulations\/hours-service\/summary-hours-service-regulations\"><span style=\"font-weight: 400;\">Federal Motor Carrier Safety Administration<\/span><\/a><span style=\"font-weight: 400;\"> 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:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Drivers can drive a maximum of 11 hours after 10 hours of not driving<\/span><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Truck drivers \u201cmay 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.\u201d<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">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.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Truck drivers cannot drive more than 60 hours during 7 consecutive days and cannot drive more than 70 hours during 8 consecutive days. \u201cA driver may restart a 7\/8 consecutive day period after taking 34 or more consecutive hours off duty.\u201d<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">\u201cDrivers 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.\u201d<\/span><\/li>\n<\/ul>\n<h3><b><i>Causes of truck driver workplace injuries<\/i><\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Truck drivers need to do more than just drive long distances. Some other truck safety concerns include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>They should follow the traffic laws for each state that they drive in.<\/b><span style=\"font-weight: 400;\"> 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. <a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/truck-accidents\/\" title=\"Truck Accidents\">Truck accidents<\/a> can:<\/span>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Cause a truck to rollover<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Cause a truck to jackknife<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Cause a truck to veer off the highway<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Result in a truck colliding with other vehicles<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Result in an accident for many other reasons<\/span><\/li>\n<\/ul>\n<\/li>\n<li style=\"font-weight: 400;\"><b>Load their cargo securely or work with the companies shipping the goods to load the cargo securely. <\/b><span style=\"font-weight: 400;\">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.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Unload the cargo safely.<\/b><span style=\"font-weight: 400;\"> 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<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>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. <\/b><span style=\"font-weight: 400;\">During these tasks truck drivers can easily strain and pull muscles, develop cuts and bruises, wrench their backs, and fall.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Inspections.<\/b><span style=\"font-weight: 400;\"> Trucks need to be inspected before each delivery for any signs of trouble such as brakes that won\u2019t 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\u2019ve delivered their loads.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Trucks with heavy loads or shifting loads can be especially hard to control<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<h3><b><i>Workers\u2019 compensation benefits for truck drivers<\/i><\/b><\/h3>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">See if they can return to work with any restrictions \u2013 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 <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/functional-capacity-exams-fces-in-north-carolina-and-virginia-workers-compensation\/\"><span style=\"font-weight: 400;\">Functional Capacity Examination. (FCE)<\/span><\/a><span style=\"font-weight: 400;\">.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Determine if they have a <\/span><a href=\"https:\/\/www.youtube.com\/watch?v=xrKB0kQYDhY&amp;feature=emb_logo\"><span style=\"font-weight: 400;\">permanent partial impairment<\/span><\/a><span style=\"font-weight: 400;\">. 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.\u00a0<\/span><\/li>\n<\/ul>\n<p><b>Employee versus Independent contractor<\/b><\/p>\n<p><span style=\"font-weight: 400;\">A common issue in truck driving cases is whether the driver was an <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/employee-versus-independent-contractor-in-workers-compensation-claims\/\"><span style=\"font-weight: 400;\">employee or an independent contractor.<\/span><\/a><span style=\"font-weight: 400;\"> Generally, only employees are entitled to <a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/workers-compensation\/\">workers\u2019 compensation<\/a> 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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Virginia and North Carolina Workers\u2019 Compensation Attorney Joe Miller Esq. works with truck drivers and all types of workers to help them get just recoveries. He\u2019s 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 <\/span><b><a href=\"tel:\/\/888-694-1671\" title=\"888-694-1671\">888-694-1671<\/a><\/b><span style=\"font-weight: 400;\">\u00a0or complete my online <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\"><span style=\"font-weight: 400;\">contact form<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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\u2019re driving. Often drivers are asked to help out with loading and unloading trucks. Many drivers are involved in truck driving accidents. According &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Truck Driver Injuries and Workers\u2019 Compensation\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/truck-driver-injuries-and-workers-compensation\/#more-4852\" aria-label=\"Read more about Truck Driver Injuries and Workers\u2019 Compensation\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[13,96,95,218,10,31],"tags":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"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\u2019re driving. Often drivers are asked to help out with loading and unloading trucks. Many drivers are involved in truck driving accidents. According&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4852"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=4852"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4852\/revisions"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=4852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=4852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/tags?post=4852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}