Truck Driver Workers Compensation Claims

If you are a truck driver who has been injured at work, contact a Meshbesher Law Firm workers’ comp attorney.

Injuries sustained while truck driving can result in significant medical expense, wage loss, and permanent disability, and workers’ compensation benefits help address those losses. Truck driver work comp claims can involve issues that are distinct from other work comp claims, and it is important to seek legal help early. We will pursue your workers’ compensation claim, handling any disputes or denials. We will aggressively fight to secure the benefits you and your family need for stability during your healing and recovery.

Contact our offices today to speak to a Minneapolis workers’ compensation attorney for truck drivers.

What Kinds of Work Injuries Do Truck Drivers Sustain?

Truck drivers face frequent injuries in the workplace, many of which are related to traffic accidents and repetitive motion stress injuries. In addition, truck drivers often sustain injuries while loading and unloading cargo. Common truck driving injuries include the following:

Neck injuries and whiplash
Bruises and soft-tissue injuries
Repetitive motion stress injuries (e.g., carpal tunnel)
Herniated discs and pinched nerves
Lower back pain and sciatica
Spinal cord injuries
Head injuries and concussions
Fractures and broken bones
Exposure to dangerous materials

Truck drivers are also at heightened risk of developing conditions such as blood clots, hernias, and deep vein thrombosis.

Are Truck Drives Eligible for Workers’ Compensation in Minnesota?

Yes, truck drivers in Minnesota are eligible for workers’ compensation if they are employees of the trucking company and sustain an injury due to work activities. Pre-existing conditions aggravated by work activity can also be covered under workers’ compensation laws.

To receive workers’ comp benefits, you must prove that your injuries resulted from your work activities. That is why it is important to seek medical care for your work injuries and provide notice and documentation to your employer.

What Does Workers’ Compensation in Minnesota Cover?

Workers’ compensation in Minnesota pays four main types of benefits: medical, wage loss, vocational rehabilitation, and permanent partial disability.

Medical Benefits

Workers’ compensation will pay for the cost of reasonable medical treatment for your injuries. This includes emergency treatment, hospitalization, surgery, rehab, prescriptions, and medical equipment. It can also pay for the cost of reasonable in-home care if necessary.

Wage Loss Benefits

You can receive three types of wage loss benefits:

Temporary total disability (TTD) is for employees whose injuries temporarily prevent them from working completely. TTD benefits will pay up to two-thirds of your average weekly earnings (up to a statutory maximum) for up to 130 weeks.
Temporary partial disability (TPD) is for employees who are back to work but are working at a lower wage due to their injuries. TPD will pay two-thirds of the difference between your pre- and post-injury earnings.
Permanent total disability (PTD) is for employees with permanent injuries who will likely never return to gainful employment. PTD benefits pay at 65% of the state average wage or the TTD rate, whichever is higher.

Vocational Rehabilitation Benefits

Vocational rehabilitation deals issues relating to the return to work, with a Qualified Rehabilitation Consultant (QRC) helping coordinate medical care and the return to work and, if return to the injury employer is not possible, facilitating job search or even retraining. Note that you have the right to choose your own QRC; you do not have to accept the one the insurance company appoints.

Permanent Partial Disability

If your injury results in a permanent impairment to part of your body, you could be entitled to permanent partial disability (PPD) benefits. These benefits are calculated based on an impairment rating from your doctor and a disability schedule found in Minnesota statutes.

What If My Employer Labels Me an Independent Contractor?

Workers’ compensation in Minnesota only applies to employees, not independent contractors. Some truck drivers are independent contractors and are ineligible for workers’ compensation. However, employers may misclassify their drivers as independent contractors to avoid having to pay benefits.

To protect workers from misclassification, Minnesota workers compensation law uses a multi-factor approach to determine employment status. If you believe your employer has incorrectly classified you as an independent contractor to avoid paying benefits, talk to a workers’ comp attorney at Meshbesher Law Firm about your options.

How Long Do I Have to File for Workers’ Compensation in Minnesota?

When you’re injured on the job, you need to report it within 14 days, though in most circumstances, benefits are still payable with notice up to 30 days. There are certain limited circumstances that allow up to 180 days from the date of the accident (or the date your injury became apparent) to report it to your employer, but your benefits may be affected due to late reporting. There are exceptions to these rules, such as actual knowledge of the employer, that can be the subject of litigation. Best practice: once you know you’ve been injured, report it immediately.

If you give proper notice and the claim is denied, you have 3 years to file a Claim Petition. Again, if your claim is denied, contact a workers’ comp attorney to fight for you.

What Should I Do If My Workers’ Comp Claim Is Denied?

If you receive a workers’ compensation claim denial, don’t panic. Instead, contact an experienced workers’ comp attorney to fight the denial and advocate for you.

Why Hire Meshbesher Law Firm for Your Truck Driver Workers’ Compensation Claim

Meshbesher Law Firm is a local, Minnesota-based firm focusing on workers’ compensation and personal injury law. We have decades of experience advocating for injured workers across numerous industries and have created a track record of success. We focus on providing personalized representation that is sensitive to our clients’ unique needs. Dealing with a work injury can be a stressful and frustrating experience, but we can ease the burden by handling details and pursuing financial compensation for your losses. Regardless of the nature of your work injuries, you can count on us for effective representation.

Contact a Workers’ Compensation Attorney in Minneapolis Today

Injured truck drivers need an advocate they can count on to stand up for their rights and interests. The attorneys at Meshbesher Law Firm understand how difficult life can be after a serious work injury and can serve as legal counsel for your workers’ compensation claim. Your health and well-being are our concern, and we will do everything in our power to achieve a satisfactory resolution.

Contact our offices online or call today for a free case consultation with a truck driver workers’ compensation attorney in Minneapolis, Minnesota.

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