Truck drivers have one of the highest on the job injury rates in the nation. Part of a professional driver’s job is to work at being safe, but even with decades of experience and comprehensive safety training, it’s impossible for a driver to control public roadways or the conditions at private docks or drop off locations. Sure, truck drivers always face the possibility of being injured or killed in an accident while in on the road, but here are some other common accident scenarios.
- Slip-and-falls or trip-and falls while going to or from the truck’s cab.
- Slip-and-falls or trip-and-falls inside of the truck’s trailer.
- Back and shoulder injuries from heavy lifting.
- Injuries from falling cargo.
- Repetitive motion and vibration disorders.
- Accidents involving fork lifts
When a truck driver is injured in the course and scope of his job by an anticipated and foreseeable risk of that job, California’s workers’ compensation laws are triggered, and strict liability applies. The foundation of those benefits stands like a tripod. Workers’ are typically entitled to the following three benefits:
- Payment of all reasonably necessary medical bills in connection with the driver’s injuries.
- Temporary total disability benefits in a sum equal to two-thirds of the driver’s average weekly wages.
- In the event of a permanent partial disability, a lump sum payment as compensation for that permanent partial disability.
What often comes to issue in these types of cases is that disputes arise between the worker, the employer and the workers’ compensation insurer. The insurer might argue that the injured driver suffered from a preexisting condition or injured himself someplace other than the workplace. The employer might argue that it didn’t get timely notice of the accident and injury. If it did get timely notice, it’s not unusual for the insurer to pressure a driver to return to work too soon. Especially in the context of truck drivers, it might even be argued that the driver wasn’t an actual employee of the purported employer.
As soon as you notice that you’ve been injured as a result of a work-related accident, notify your employer and make sure that a report of injury form is completed and submitted.
Contact a Sacramento Workers’ Compensation Lawyer Today
Sacramento Workers’ Compensation Attorney, Alice A. Strömbom, focuses exclusively on Workers’ Compensation Law and the rights of injured workers. She is very familiar with the tactics insurance companies use to avoid providing the medical treatment and disability benefits injured workers deserve, and has a recognized track record in combating such issues.
Contact us today for a free, confidential consultation and case evaluation.