Charlotte Truck Drivers Workers’ Compensation Lawyers

Every Charlotte workers’ compensation lawyer for truck drivers understands how truck drivers put in a lot of work and hours on the road to keep the economy running. However, this exposes them to a wide range of serious hazards unique to the trucking industry. Unlike most other professions, truckers are constantly behind the wheel, which puts them at a higher risk of an eventual accident.

Truckers also tend to suffer from debilitating back injuries, repetitive strain injuries, and even injuries caused by violent attacks and assaults. If you drive a delivery truck, over-the-road truck, or other commercial truck for a living, we understand that you face serious risks every day. You can be injured on the road, at the unloading or loading docks, or anywhere in between. Being injured far away from your home or where your employer is based could complicate your efforts to claim workers’ compensation.

If you were injured while doing your trucking job in Charlotte, get in touch with the workers’ compensation lawyers at Waple & Houk law firm for representation you can trust. You may request a free consultation by completing our online contact form.

What Is Workers’ Compensation for Truckers?

Workers’ compensation is a type of insurance obtained by business owners or employers that is meant to give employees who are injured or become ill while on the job compensation benefits. In North Carolina, virtually every employer is required to have workers’ compensation insurance for their employees, and employers are generally required to carry workers’ compensation insurance if they have three or more employees. This coverage is often provided through a workers’ compensation insurance policy.

Most workers in North Carolina are covered by workers’ compensation insurance if they sustain an injury or develop a medical condition from work. For truck drivers, workers’ compensation is meant for truckers who are injured on the job, not just in trucking accidents.

Workers’ Compensation Disability Benefits for a Work-Related Injury

The North Carolina Workers’ Compensation Act is the law that stipulates the payment of medical benefits as well as wage loss benefits for employees, including truckers, who are injured while on the job. The employer and their insurance company are usually held responsible for covering all costs associated with the medical treatment that the doctor recommended, including medical bills and other expenses related to the work injury.

Workers’ compensation is a no-fault system, meaning you do not need to prove negligence to receive benefits for workplace injuries. You may still be eligible for workers’ compensation benefits even if your injury was partially your fault, as North Carolina follows a no-fault system.

The workers’ compensation law also provides for wage replacement benefits that amount to two-thirds of your average weekly wage for the time you spend out of work due to the injury. If the authorized doctor assigned you a rating for a specific body part or organ, you might receive payment for permanent or partial disability.

What Is Covered by Workers’ Comp in North Carolina?

Workers’ compensation is meant to pay for medical expenses and lost wages from time spent away from work. The wage loss benefits may include:

• Temporary partial disability benefits
• Permanent partial disability benefits
• Temporary total disability benefits
• Total and permanent disability benefits

Workers’ compensation benefits can include temporary partial disability benefits for employees who can return to work but cannot perform their regular job duties. If you can return to work after the work injury but are unable to earn as much as you did before the injury, you might be eligible for some wage loss benefits, including situations where you are released to light duty.

Workers’ Compensation Benefits After Missing Work for a Work-Related Injury

The wage loss benefits will be paid out if you miss more than seven days of work because of the work injury. Note that there’s a seven-day waiting period for workers’ comp benefits in North Carolina, and the benefits should continue until you can return to work or up to 500 weeks (with some exceptions).

North Carolina workers’ comp may also consist of other benefits based on the circumstances surrounding the injury. These include:

• Travel mileage reimbursement benefits
• Vocational rehabilitation benefits
• Disfigurement compensation
• Death benefits

In a fatal incident, death benefits can include support for certain costs, such as funeral expenses, depending on the facts of the claim.

Legal Representation to Protect Your Workers’ Compensation Benefits and Third-Party Rights

A Charlotte workers’ compensation attorney for truck drivers can discuss with you the kind of benefits that you may be entitled to during your initial case review with us, free of charge.

Keep in mind that when you collect workers’ compensation benefits, you will no longer be entitled to seek compensation from your employer through a personal injury claim. But there are some cases where an injured employee could file a personal injury suit against a third party whose negligence is determined to have been responsible for the injury. In those situations, coordination with personal injury attorneys may be important to evaluate potential liable parties, potential punitive damages where allowed by law, and whether a separate case could pursue additional damages beyond workers’ comp. Attorneys in Charlotte should be familiar with North Carolina’s 3-year statute of limitations for personal injury and the 2-year deadline for workers’ compensation claims, because these timelines can affect your options. Talk to us today to learn more about how the North Carolina laws apply to your case.

What Are Some of the Common Injuries to Truck Drivers?

According to the Bureau of Labor Statistics, there were 47,990 nonfatal injury and illness cases among private-sector heavy and tractor-trailer truck drivers in 2019.

Two main kinds of Injuries

Two main kinds of injuries are covered by workers’ compensation: occupational injuries, illnesses, traumatic injuries, and other injuries.

Occupational Injury

An occupational disease may develop over time due to work conditions, while a traumatic event may happen suddenly.

Traumatic Truck Driver Injury

A traumatic injury can be anything from a slight concussion to a spinal cord injury, amputation, or traumatic brain injury. Some types of truck accidents that often result in traumatic injuries include underride accidents, rollovers, unsecured loads, etc.

Other Common Trucking Injuries

Truck drivers can also sustain knee injuries, shoulder injuries, or spinal cord injuries in accidents while driving for work. In severe cases, truck drivers may face amputation injuries or burn injuries requiring extensive treatment.

Some of the injuries that commonly occur in truck accidents include:

• Broken bones
• Head trauma
• Spinal cord injuries
• Back and neck injuries
• Lacerations
• Internal organ injuries
• Seat belt injuries
• Rib and torso injuries

Truck drivers are also susceptible to repetitive stress injuries that might cause pain, tingling, numbness, and other sensations in almost any part of their bodies. These are typically caused by driving trucks for prolonged periods.

What Should I Do if I’m Hurt on the Job?

Here’s what you need to do if you were injured while doing your trucking job in Charlotte.

1. Notify Your Employer

The first thing you want to do is to let your employer know that you have been hurt, preferably in writing. Type an email or letter explaining what happened, and keep a copy for yourself. You must report your work injury within 30 days.

If you intend to file a workers’ compensation claim in North Carolina, you should notify your employer of your injury as quickly as possible. It is essential to report your injury to your employer immediately to begin the claim-filing process for workers’ compensation benefits, especially when a truck driving injury happens far from home.

2. Get to a Doctor as Soon as Possible

You should seek medical attention as soon as you can. You need to visit one of your employer’s (or their insurer’s) approved medical providers.

3. Keep a Written Record of Your Injury and Symptoms

Create a journal to document the whole ordeal, right from the moment the injury occurred. This should help you avoid forgetting some critical details about the incident and make sure your story is consistent. Keep copies of your medical records and any work restrictions, because documentation often matters in a workers’ comp case.

4. Take Photos and Videos of the Injury if Possible

If you can, take photos or videos of the injuries you sustained, no matter how minor they might seem. This will help to strengthen your case and increase your chances of receiving the benefits you qualify for, even when there are unexpected complications.

5. File a Workers’ Compensation Claim with the Help of an Attorney

In North Carolina, all workers’ compensation claims are handled by the state’s Industrial Commission. Workers have the responsibility to file a claim with the Industrial Commission once they are hurt while at work. Failing to do this promptly might cause you to permanently lose your rights to compensation.

If your employer does not provide the necessary claim forms, you can file a claim independently without their assistance, including situations where an employer refuses to cooperate.

Take all the time you need to rest well and make a full recovery.

Key Deadlines and Legal Protections in NC Workers’ Compensation

Workers’ compensation claims must be filed within a specific time frame, typically two years from the date of injury in NC. The statute of limitations for filing it in NC is two years from the date of injury.

North Carolina law also provides important protections for injured workers. Employers in NC are prohibited from firing employees for filing a workers’ compensation claim under the Retaliatory Employment Discrimination Act.

Steps for Filing a Workers’ Compensation Claim

A Charlotte workers’ compensation lawyer at Waple & Houk Law will guide you through the claims process.

1. Report Your Injury to Your Supervisor

As mentioned in the previous section, you must report your injury to your employer within 30 days. Failure to provide this notice will mean that your employer won’t be able to initiate the claims process on your behalf.

2. Attempt to Resolve the Claim Informally

This could end up saving you and your employer a lot of headaches, time, and costs if you can avoid involving the courts. But if you can’t reach an amicable resolution with your employer or their insurance carrier, proceed to the next step.

3. Contact a Qualified Attorney

Many workers assume they do not need an attorney for their workers’ compensation claims, but legal help can prevent denials or delays. Many truckers who are injured while at work often misunderstand their rights under the Workers’ Compensation system of NC. Claims end up being unfairly denied or reduced because injured parties have not realized that they are entitled to benefits under the state’s workers’ compensation system. That’s why you should reach out to an experienced Charlotte, NC, workers’ comp lawyer at Waple & Houk Law to learn more about your options and to get a free legal consultation.

4. File Your Petition for Benefits

If you’re unable to reach an amicable agreement with your employer and their insurer, you should file a petition for benefits. This is a formal dispute of the decision made by the insurance company. You have to provide documentation that shows the nature of your injury, the benefits you believe you are eligible for, and why you believe their decision is wrong. You can have your workers’ comp lawyer handle this for you as part of your broader insurance claim strategy.

If your workers’ compensation claim is denied, you have the right to appeal the decision within a limited time frame.

What Are My Rights After an On-the-Job Injury?

You have the following rights under North Carolina workers’ compensation laws:

• A right to workers’ compensation, no matter your immigration status
• A right to refuse the offer made by your employer to pay outside of workers’ comp
• A right to receive workers’ comp benefits even if you get paid in cash
• A right to transport assistance, travel reimbursement, and a translator, where necessary
• A right to continue with your medical treatment
• A right to hire a workers’ compensation lawyer
• A right to dispute the denial of a claim

What Can I Do if My Claim Is Denied?

Workers’ compensation claims can be denied for various reasons, including lack of evidence or disputes about whether an injury was work-related. This is common in workplace injuries where the insurer argues the condition is not connected to work duties.

In case your workers’ comp claim was denied, you can appeal the decision with the help of a competent lawyer. This can allow you to focus on your medical recovery while your lawyer handles the legal process and your legal representation. At Waple & Houk Law, we will develop a legal strategy to challenge the insurance company’s decision and pursue the benefits available under the law so you can seek fair compensation for covered losses.

North Carolina Industrial Commission

You can appeal the decision before the North Carolina Industrial Commission, which is responsible for administering the North Carolina Workers’ Compensation Act. It acts as the court that deals with claim disputes involving workers’ compensation.

When you receive a letter of denial from the insurance company, contact your lawyer to find out your legal options as soon as possible.

What if I Am an Independent Contractor?

In North Carolina, contractors usually don’t qualify for workers’ compensation benefits. This is why some employers try to categorize their employees as contractors to avoid paying maximum compensation and insurance premiums.

Several factors will have to be considered to establish the employment status of truck drivers. The primary determinant here is the employer’s control of a driver’s work. Some of the questions to consider here include:

• Is the truck driver responsible for setting their own working time?
• Can the driver hire assistants?
• Is the truck driver paid by the hour or at a fixed cost?

These questions will help determine whether you should be categorized as an employee or an independent contractor. For instance, if your employer decides what you should wear during work hours, where and when to report for work, and pays you by the hour, then you are an employee.

How Can a Workers’ Comp Attorney Help Me?

Working with an experienced workers’ comp attorney can greatly improve your chances of receiving the benefits you need and deserve. Our lawyers can help you with:

• Case Preparation: Our team is ready to collect relevant records and conduct thorough investigations to build your claim. We can help organize medical documentation and work-related evidence to support your petition.
• Settlement Negotiations: You should ideally have a skilled negotiator by your side to help you during settlement talks. Our lawyers can negotiate with the insurance carrier to pursue appropriate benefits based on your work restrictions and medical status, with the goal of obtaining a fair settlement within the workers’ compensation system.
• Appealing Denied Claims: We are ready to appeal the insurance decision on your behalf. We will review the denial, gather supporting information, and help you request a hearing before the Industrial Commission when appropriate.
• Representation at Workers’ Comp Hearing: If your claim is denied, we can help you request a hearing before the Industrial Commission and represent you.

Key Considerations in Choosing a Lawyer

When choosing a lawyer, key considerations can include a strong trial track record, thorough knowledge of evidence gathering, and clear communication regarding fees. You should also choose an accessible lawyer with a good reputation and no history of disciplinary action.

In cases involving work-related crashes and workplace accidents, the attorney should understand regulations that may affect the investigation, including issues involving driver logs, maintenance, and hours of service. A firm should also have the resources to quickly secure critical evidence when it exists, including black box data and driver logs, to help establish how the incident occurred. This can matter for injured truck drivers, as well as for accident victims pursuing benefits through workers’ compensation.

How Much Does a Qualified Workers’ Comp Attorney Cost?

Our Charlotte workers’ compensation lawyers work on a contingency fee basis. This means you don’t need to pay any fees until we win your case. This can let you focus on making a full recovery without worrying about additional legal bills during your case.

Frequently Asked Questions

What’s the average workers’ comp cost for an OTR truck driver?

Workers’ compensation costs for an employer can vary widely based on factors like the employer’s payroll, the type of work performed, the business’s claims history, and the classification used for the job. For over-the-road truck drivers, the rate can differ depending on how the role is classified and insured. If you are a truck driver trying to understand whether you are covered, the more immediate issue is usually whether your employer has workers’ compensation insurance and whether your injury is work-related.

What is the average cost in North Carolina for a truck driver workers’ comp claim?

In North Carolina, employers that meet coverage requirements generally pay workers’ compensation premiums based on payroll and job classification. Truck driver classifications can affect the premium rate. If you were hurt at work, your eligibility typically turns on whether you are an employee (not an independent contractor), whether the injury arose out of and in the course of work, and whether you met reporting and filing deadlines.

How much is workers’ comp for full time truck driver?

Full-time status alone does not determine cost. Premiums are generally driven by payroll amounts and job classification. For injured full-time truck drivers, wage replacement benefits are typically tied to your average weekly wage and the work restrictions assigned by an authorized medical provider.

What is the truck driver workers’ comp code in NC?

Workers’ compensation classification codes can vary depending on how the work is defined and insured. Trucking operations may use different codes for over-the-road drivers, local delivery, or other roles. If the classification is being used to deny coverage or dispute your employment status, an attorney can help evaluate how the job is being classified and whether it aligns with the work actually performed.

Talk to a Charlotte Workers’ Compensation Truck Driver Lawyer Today

Being injured while doing your work can be such a stressful experience. This is especially true for truckers. Aside from having to deal with the injuries and getting proper medical care, you must also deal with your employer and their insurance company, not to mention the workers’ compensation system.

Knowing the law and your rights is half the battle. This is why you should consult with a Charlotte, NC, workers’ compensation lawyer to get advice on your case. To request a free case review, don’t hesitate to contact Waple & Houk Law.