Charlotte Truck Driver Injury Attorneys
Assisting North Carolina Truck Drivers With Workers’ Compensation Claims
Truckers spend the majority of their time on the road, where a single catastrophic accident could confer serious injuries and threaten their livelihood. Workers’ compensation insurance is designed to compensate and protect truckers in these tragic situations, but the process for getting benefits can be complicated and frustrating, especially when work is performed interstate or there is ambiguity concerning who employs the injured driver.
If you are a truck driver who was injured on the job and are not sure what to do next, Stewart Law Offices is ready to provide the dedicated, compassionate support you need to get the benefits you deserve. Our firm has been representing injury victims for over 25 years, and we are familiar with the intricacies of how to successfully obtain benefits in these especially complex cases. Our team understands you are going through a difficult time and are committed to relieving your burden. If you cannot come to our office, one of our Charlotte truck driver injury lawyers can come to you.
We will take the time to listen to your story, review your rights, and break down your legal options, giving you the information that you need to make the best decision for you and your family.
When you hire our Charlotte truck driver injury lawyers, you put a team of accomplished legal advocates on your side who are familiar with how to effectively combat tactics used by employers and insurers acting in bad faith. Contact our trucker driver worker comp attorneys for help today!
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.
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
What if I’m an independent contractor?
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 can still get 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 can still get 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 no-fault workers’ compensation
North Carolina is a no-fault workers’ compensation state, meaning you can still typically get 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 stop at nothing as we fight to get you the care and compensation you need.
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
How Long Does A Truck Driver Have To File A Workers’ Compensation Claim In North Carolina?
In the state of North Carolina, truck drivers have two years from the date they were injured to file a workers’ compensation claim. However, to protect their right to access benefits, they must take certain steps immediately after an accident or discovery of injuries.
You only have 30 days from the date you sustained a work-related injury or discovered an injury may be work-related to report those injuries to your employer. Your claim will likely be denied if you miss this deadline, so it is in your best interest to submit a written report to your employer as soon as possible.
Call a Charlotte Truck Driver Worker’s Comp Advocate Today!
The workers’ compensation attorneys at Stewart Law Offices are ready to discuss all of your legal options for your specific injuries. Contact our Charlotte worker’s comp law firm today!