Worker's Compensation

AB 5 LAW FOR TRUCKING COMPANYS
AB5 is a California law that requires trucking companies to treat owner-operators as employees. This includes providing workers' compensation, minimum wage, unemployment insurance, and paid sick days.

Who Is Covered by Workers’ Compensation?
Whether workers’ compensation covers you first can depend on your employment status. Independent contractors may not be covered. If you are an owner/operator, you may have occupational insurance, which differs from workers’ compensation administered at the state level. If your employer’s policy covers you, you can be covered for injuries in the course and scope of employment. The most common example is a truck accident, a single-car accident or a multi-vehicle pileup. You could also assert a claim if you get hurt after a slip and fall, either on the truck or someone else’s property.

When Should I File My Claim?
Injured truck drivers and passengers should act quickly – your claim could be denied if you don’t file in time. It is essential to file a workers’ compensation claim as soon after the accident as possible because failure to file this type of claim promptly can result in your claim being denied outright. In Tennessee, for example, the law states an employee should report a work-related injury to his or her supervisor within 15 calendar days of the injury or date that a doctor first tells an employee the injury is related to work. Workers’ compensation claims in Tennessee also have a specific statute of limitation, often one (1) year from the date of injury or the last voluntary payment made by the insurance company on the employee’s behalf. Timely filing a claim is critical, as treatment for common injuries such as ligament tears, herniated discs, and broken bones can be costly if they must be paid out-of-pocket.

What Kind of Benefits Are Available to Injured Truckers?
Workers’ compensation laws generally cover three forms of damages – medical benefits, wage benefits, and disability benefits. Medical benefits cover treatment related to the accident, such as doctor bills, physical therapy, and prescriptions. For your medical treatment to be covered, it must be approved through workers’ compensation. Wage benefits compensate the injured worker for a designated portion of his or her average weekly pay. For these benefits to be awarded, a doctor will take the employee off of work. Total disability benefits can be awarded if an injury becomes permanent. An injured truck driver can know whether the injury is permanent if the authorized treating physician gives an anatomical impairment rating.

Does It Matter Who Was at Fault to File a Workers’ Compensation Claim?
When filing a workers ' compensation claim, it normally does not matter who was at fault for an accident. It typically operates as a “no-fault” system, meaning the employee must only show that he or she got hurt in the course and scope of employment. For example, your claim should be covered if you were making a delivery and driving on your typical route when your car began to skid on ice and then crashed. However, it may not be covered if you had taken a detour to run a personal errand.

No matter how an accident occurs, it is important to conduct a thorough investigation. If a third party’s negligence contributed to your injury, you could simultaneously assert a third-party claim against that individual or entity while you recover workers’ compensation benefits.