Work injuries are unfortunate events in life. Because of this, most of the states have laws that force companies with five or more employees to provide workers’ compensation insurance. If you get injured in San Francisco while you are driving your truck, and you are not an independent contractor, then you may qualify for benefits under San Francisco workers’ comp. Truckers feel more secure because this law is created and administrated at the state level. California also provides workers’ comp for truck drivers.
Truck driving is a massive business in the US, and it is expanding with time. According to the American Trucking Association, around 3.5 million individuals are working as truck drivers nationwide. But it is risky, more than you think. It also has a high mortality rate compared to other professions.
This is the reason employees’ compensation is essential for trucking business more than any other professionals. However, the employee needs to provide evidence of the injuries that they sustained because of driving; they can hire a workers’ comp attorney San Francisco.
Here are the things you need to know about the compensation law for drivers.
How Does Workers Comp for Truck Drivers Work?
Worker’s compensation is a financial protection for employees who endure injuries during work. An individual who gets injured at work or suffer from an illness, disability, or gets scars, will be eligible to get benefit from the employees’ compensation.
Workers’ compensation provides financial support to cover the expenses of medical care, lost income, and disability payments. To get the benefits and file for your compensation, you need to inform your employer about your injuries and ask your San Francisco workers’ compensation attorney to file for employees’ compensation claims. It’s always best to get your attorney on board right after the injury because the filling process is complicated, plus employers try to hide the facts related to the truck driver injuries to avoid workers comp for truck drivers. Moreover, your boss can also use different methods to steal your privileges, such as they can misclassify your employment status by declaring you as independent contractors.
What Is The Right Time To File My Claim?
Injured truck drivers should quickly act because if you take too much time to file a claim, the court can deny it. You need to claim workers’ comp for truck drivers after the incident as soon as possible because failure to claim timely can lead to denying your claim completely. In California, it is advisable to report job-related injuries on the very first day when your doctor determines your injuries as work-related.
Filing the claim in the early hours is also important to get your required medical treatment to cure your injuries. Unfortunately, you may not be able to afford your healthcare expenses on your own as injuries like herniated discs, broken bones, and ligament tears can cost you a lot more money than you think.
Workers’ Compensation for Truck Drivers
Workers comp for truck drivers have few main benefits, and they are:
- Medical Care
If a person gets hurt while working, then they will receive money to pay for the medical care needed to recover from the injury. Moreover, your employer’s insurance agency will reimburse you up to $10,000 of your medical treatment expenses, even when your employer denies your claim.
- Temporary Disability Benefits
You will receive temporary disability benefits, which will be equal to two-thirds of your average weekly salary calculated as the total pre-tax amount an individual was earning before the injury. You will be able to receive temporary disability benefits for around 104 weeks.
- Permanent Disability Benefits
If your injuries left you with permanent disability, your San Francisco workers’ compensation attorney would claim for the permanent disability benefits. The total amount you will get depends on the permanent disability rating given by your doctor. This rating’s calculation involves complex equation that includes your occupation, age, and injuries.
- Supplement Job Displacement Benefits
You will receive supplement job displacement benefit if you get a partial disability rating from your health care provider, and you are not getting modified work from the employer.
- Death Benefits
The death benefits are for the deceased’s dependents, including spouse, children, or other family members if the death occurs because of the job. The benefits include funeral expenses and an amount of money as weekly compensation to surviving family members.
If you and your employer both work together to sue the negligent driver to get additional payment, in this case, this amount is not the part of your employees’ compensation claim.
Is the Workers’ Comp Law Different For Employees and Independent Contractors
It is essential to understand that the truck drivers who work as employees under the contractors are eligible to get compensation benefits. However, independent contractors can’t receive workers’ compensation. If you get injured during work and believe that your employee misclassifies you, then speak with your work injury lawyer.
It’s a common practice of employers to classify the drivers as independent contractors to save themselves from paying compensation. Fortunately, the California Supreme Court has introduced new laws to protect truck drivers and make the employers pay compensation. If you get injured from the accident that occurred because of your work, you should get fair and full compensation for your injuries.
You must hire one of the best Bay Area workers’ compensation attorneys to claim workers’ comp for your injuries. Most truckers face difficulty in proving that they sustain injuries at work. Farnsworth Law Group will help you throughout the process of compensation and guide you on how to deal with the situation. But it’s important to speak with your San Francisco and Marin workers’ compensation lawyer on the very first day of your injury or when you are in a position to talk to them. This is because if you delay filing your claim, your compensation will also be on hold throughout this entire time.