Charlotte Truck Driver Injury Attorneys

Can a Truck Driver Get Workers’ Compensation Benefits in North Carolina?

Because many truck drivers are classified as independent contractors, travel across state lines, or work with companies outside North Carolina, there can be confusion over whether they are entitled to workers’ compensation when injured on the job. Eligibility will depend on several factors.

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As a truck driver, you are most likely eligible for workers’ compensation in North Carolina if:

• You suffered an injury while on the job
• You were an employee (not an independent contractor) when the injury occurred
• Your employer has at least three employees
• You were not intoxicated when the injury occurred
• You were not trying to hurt yourself or another person when the injury occurred

Many truck drivers are classified as independent contractors by their employers, but misclassification is a rampant problem in the trucking industry. You can generally only be considered an independent contractor under the law if you have a certain level of autonomy in how you do your work. This means you must have the freedom to select your own jobs and choose your own routes. You may still be an independent contractor if you are permitted to temporarily use a company’s truck or equipment, but you are likely an employee if you are allowed to keep a truck or other equipment for future jobs. You may still be eligible for workers’ compensation if you are a truck driver misclassified as an independent contractor who was injured on the job.

Workers’ compensation coverage is also usually required for owner-operators, even if they are independent contractors. If an owner-operator is uninsured, the motor carrier must provide workers’ compensation insurance. In these instances, workers’ compensation coverage is mandatory regardless of how many employees an owner-operator, contractor, or subcontractor has.

If you are injured outside North Carolina but have a contract with a North Carolina employer, you may still be eligible for benefits through North Carolina’s workers’ compensation system. Things can get even more complicated if you are employed by a person or organization based somewhere other than North Carolina, so do not hesitate to reach out to our Charlotte truck driver injury attorneys if you have questions about your eligibility or where to seek benefits.

North Carolina is a no-fault workers’ compensation state, meaning you can still typically be eligible for benefits even if you were responsible for an injury-causing accident. You do not have to prove another driver or anyone else was negligent. If an accident was caused by the negligent behavior of another driver, you do have the right to file a personal injury lawsuit against them. A personal injury claim allows you to obtain compensation for non-economic damages, including pain and suffering, which are not recoverable through the workers’ compensation system. Our team at Stewart Law Offices is well-versed in both personal injury litigation and workers’ compensation claims and can advise on the optimal course of action.

How Can an Attorney Can Help with a Workers’ Compensation Claim for Truck Driver Injuries?

Your employer and their insurance company may not be looking out for your best interests when you suffer an on-the-job injury, even if its severity prevents you from temporarily or permanently returning to work. Insurance companies leverage numerous strategies to deny claims, limit coverage, or otherwise make the process of getting benefits harder than it needs to be.

As a truck driver, you are often entitled to workers’ compensation under the law, and you deserve justice. You should not have to worry about fighting the insurance company when you should be focusing on your recovery. We will fight to get you the care and compensation you to which you are entitled.

If you are a truck driver who recently sustained a work-related injury, you should not hesitate to discuss your case with our legal professionals if:

• Your employer claims you are not entitled to workers’ compensation
• Your employer refuses to report your injury
• Your claim is denied
• You receive an inadequate settlement offer
• Your employer’s insurance company stops responding to your calls or e-mails
• The doctor selected by your employer or their insurance company does not recognize the extent of your injuries

Do not lose the right to access workers’ compensation by waiting too long to act. We are available 24/7, so call (803) 408-7352 or contact us online today.