Jacob’s Journal – Weekly News Rewind (03/21-03/27)

What Truck Drivers Need to Know About California Worker’s Comp Law

There were over 3.5 million truck drivers in the U.S. in 2021, according to the American Trucking Associations. It’s a growing industry and has many benefits, but truckers are at a greater risk of injury than most professionals. Not only are they injured in driving accidents. Falls at loading facilities, impacts by objects, and other hazards can cause broken bones, soft tissue injuries, and permanent harm such as brain or spinal trauma. Fortunately, California has a workers compensation system for truck drivers. Our workers comp lawyer can help with your claim, so here is what you need to know.

How Do Truck Drivers Receive Workers Comp?

An employee who is injured or becomes ill, disabled, or scarred due to an accident at work is eligible for financial support. It’s best to file for workers compensation after speaking with your Los Angeles personal injury attorney. Getting a lawyer on board makes it harder for your employer to hide the facts. Managers play all sorts of tricks from downplaying your injuries to saying you’re an independent contractor working for them.

If you’ve been injured on the job, you should file your claim as soon as possible. Failing to claim in a timely manner can lead to denial of your benefits. The best time to report job-related injuries is when your doctor determines they occurred on the job. And the sooner you file, the quicker you can receive required medical care that may otherwise be prohibitively expensive.

Types of Compensation/Benefits

As your workers comp lawyer, we can inform you of compensation you can receive such as:

  • Medical Treatment: Employers are notorious for denying injury claims even when someone gets hurt at work. However, their insurance agency can pay for up to $10,000 in medical expenses, which can cover much and hopefully most of the care you need.
  • Disability Benefits: Temporary disability benefits equal two-thirds of your average weekly salary (based on pre-tax earnings prior to the injury). Temporary benefits are usually available for about 104 weeks. If you have a permanent disability, your doctor will give you a rating that will, along with factors such as your injuries, age, and occupation, determine the total amount
  • Supplemental Job Displacement: These benefits will be available if your doctor assigns a partial disability rating, and your employer does not assign you to modified work.
  • Death Benefits: Benefits received by children, spouses, and other dependents of the deceased. Surviving family members can receive weekly compensation and coverage for funeral expenses.

What If I’m an Independent Contractor?

If you are the employee of a contractor, you are eligible for workers comp benefits. But as an independent contractor yourself, you cannot file for benefits under the program. Employers frequently classify drivers as such to avoid paying compensation. State law now protects truck drivers from this type of action, so your personal injury attorney will work with the facts of your case and their legal knowledge to help you get paid.

Hire a Lawyer

For a majority of truckers injured on the job, it is difficult to prove they were hurt at work. Employers have many ways of trying to downplay their claims. At The Law Offices of Jacob Emrani, our workers comp lawyer has many years of experience helping victims of truck accidentsand their families receive the compensation they deserve. We start with a free compensation and charge no fees until your case settles. Book your consultation online or call 888-952-2952 today.

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