Phoenix Truck Driver Workers Comp Lawyer

PHOENIX TRUCK DRIVER WORKERS’ COMP ATTORNEY

Truck drivers are faced with a higher risk of injury than other types of employees. Accidents on the road are a major cause of injury and death, but other parts of a truck driver’s job can lead to injury. Drivers are often required to lift heavy items, work complex machinery, or come in contact with dangerous materials.

When truck drivers are involved in accidents in Phoenix, CA, they must understand their workers’ rights. Employees injured on the job in Arizona are entitled to workers’ compensation benefits. If you are an employee of a trucking company, you are entitled to compensation for your damages. It’s important to know your rights so that you can get the benefits you deserve. This can be made easier when you work with a workers’ compensation attorney in Phoenix.

Arizona Injury Law Group: Your Phoenix Truck Driver Workers’ Compensation Attorneys

Commercial truck drivers can have trouble securing workers’ compensation. If you are considered an independent contractor and not an employee, you may have to gain compensation through other avenues like a personal injury claim. In some cases, truck drivers are classified as independent contractors despite having the requirements and responsibilities of an employee. Even if you are an employee, you can be faced with challenges while attempting to gain the compensation you deserve.

Working with an experienced attorney can protect your employee rights and ensure you get the maximum benefits available to you. At Arizona Injury Law Group, we can help you file your claim, negotiate for fair compensation, and file an appeal if you are unfairly treated or denied.

Trucking accidents can be devastating, and they can lead to serious injury and even death. If you or a loved one was injured while on the job as a truck driver, filing a workers’ compensation claim is essential.

Understanding Workers’ Compensation in Phoenix

Workers’ compensation covers the benefits governed and enforced by the Industrial Commission of Arizona. It allows employees who are injured or contract an illness while performing their job duties to gain financial compensation for losses of income or medical costs. In Arizona, employers are required to carry workers’ compensation insurance and provide it to their employees.

Workers’ compensation law is there to protect employees and provide them with financial compensation, but it’s also there to protect employers. Workers’ compensation insurance prevents employees from being able to directly sue employers for dangerous working conditions.

Part-time and full-time private, government, and other agency employees are covered by workers’ comp insurance. Those not covered by workers’ compensation include:

• Independent contractors
• Domestic workers

Truck Driver Workers’ Compensation in Arizona

The trucking industry is not exempt from workers’ compensation. If a company has one or more employees, they must have workers’ compensation insurance.

Private companies are likely to carry insurance through a private insurance provider. A company can insure themselves if they meet the following requirements:

• Has conducted business in Arizona for a minimum of five years
• Has an annual payroll of at least $2 million
• Has assets totaling at least $50 million, or a cash-flow ratio of .25

Self-insured employers have specific taxes to pay in place of insurance premiums. If you are an employee at a self-insured or privately-insured company, you are owed benefits for on-the-job injuries or illnesses.

Do I Need a Truck Driver Workers’ Compensation Attorney?

When you work with a skilled workers’ compensation attorney, they can take care of your claim for you. This makes it faster, less stressful and helps you feel confident everything is filed correctly. You get time to recover while your attorney focuses on meeting necessary legal deadlines and providing you with you your greatest chance at maximum compensation for your medical bills and lost income.

Common Truck Driver Injuries

The most common way that truck drivers receive injuries is from transportation and traffic accidents. Truck accidents often result in injuries including:

• Broken and fractured bones
• Internal bleeding and organ damage
• Neck injuries and whiplash
• Back and spinal cord injuries
• Burns and lacerations
• Traumatic brain injuries
• Crushed and amputated limbs
• Severe emotional distress
• Death

Truck drivers can suffer injuries during other job duties. Other injuries include:

• Slip and falls. These can occur while loading and unloading, delivering items, or other actions. If drivers are in a location with inclement weather like snowstorms and ice, they are likely to suffer slip and fall injuries. These falls can lead to back injuries, traumatic brain injuries, and other harm.
• Repetitive motion strain injuries. Truck drivers often have to load and unload heavy boxes and carry them from place to place. This can lead to repetitive motion injuries to the back, neck, and arms.
• Falling objects. Truck drivers can get hit with heavy objects or falling objects, including cargo pallets, lift gates, pallet jacks, boxes, vehicle parts, and other objects.
• Hazardous substance exposure. Truck drivers often are exposed to exhaust fumes and similar hazardous chemicals during their work. This can lead to the development of illnesses and disabling conditions.

Benefits Available With Workers’ Compensation

Arizona employees like truck drivers who are injured on the job are eligible for several types of workers’ compensation. This includes:

• Medical benefits. Any medical costs, such as doctor visits, transportation, medication, surgeries, hospital stays, physical therapy, and other reasonable costs can be covered. Necessary medical bills for current and future medical complications are covered as well.
• Disability benefits. Employees who are injured and unable to return to work can receive wage replacement benefits. This provides employees with a portion of weekly wages. The amount received depends on your average weekly wages prior to your injury. How long you receive these benefits depends on the severity of your injury.
• Permanent disability benefits. If an employee suffers an injury at work that prevents them from ever returning to work, they may be able to receive permanent disability benefits.
• Vocational benefits. If an employee is unable to perform their previous job duties due to an injury but could still find other employment, workers’ compensation may provide benefits. Vocational rehabilitation benefits allow you to complete educational courses, job training, and use job placement services.
• Death benefits. If a truck driver dies as a result of their injuries or illness, close family members can receive death benefits. These benefits can provide for funeral and burial costs.

The Process of Workers’ Compensation for Truck Drivers

If you are a truck driver employed in Arizona, you likely will file your workers’ compensation claim in Arizona, even if the accident took place in another state. There are steps you should take to ensure you receive the benefits you deserve for your injury or illness:

• Take pictures of the accident. If your injury came from an accident on the road, it’s important to have physical evidence and get contact information for all those involved in the accident.
• Report your injury to your employer. As soon as you can, contact your employer to inform them of any accident or sudden injury. If you have suffered an illness from exposure or an injury from repetitive motion, inform your employer as soon as you are aware of the condition. Then, make a note of when you reported this to your employer.
• Seek medical care. As soon as you notice a condition or receive an injury, get medical treatment and diagnosis. If you are able, request the insurance provider-approved list of healthcare providers. However, if it’s an emergency, you can go to any provider.
• File a claim. Work with a workers’ compensation attorney to file a claim with the Industrial Commission of Arizona (ICA) online, through mail, or in person. An attorney can help you determine the ideal way to frame your filing and ensure the necessary information and evidence are included.
• Attend the ICA hearing. The hearing will determine if you are eligible for benefits. Your attorney can represent you and present evidence for the hearing.
• Receive benefits. If approved, you receive benefits based on the severity of your injury and your average wage.

If you can recover from your injuries, you can return to work within a reasonable time frame. It’s important that you get the financial support necessary.

Non-Work-Related Injuries

If you are injured on the job, you can receive benefits regardless of who was at fault for the accident. If your injury is not work-related, you can’t pursue workers’ compensation. A work-related injury means the injury was during your working hours and occurred while you were completing a job-related duty.

A workers’ compensation attorney can help you determine if your injury is work-related and how you can receive compensation.

What Is Not Covered by Workers’ Compensation?

In addition to not covering injuries sustained while not at work, workers’ compensation won’t cover other injuries, such as:

• Intentional injuries. If an employee injures themselves on purpose, they will not receive workers’ compensation.
• Injuries caused by/while violating company policy. An employee is not eligible if they were injured because they were going against company policy or injured while performing acts against company policy.
• Injuries suffered while acting illegally. If an employee is injured while committing a crime or otherwise violating employment law, they will likely not be eligible for workers’ comp.

Third-Party Claims

Workers’ compensation insurance means that most employers are not liable for negligence if a workplace is unsafe. While there are exceptions, you usually can’t file personal injury claims against an employer. You could file a third-party claim if someone other than an employer was responsible for your injury or condition. This may include another driver who caused an accident or the manufacturer of a faulty vehicle or machine.

FAQs About Phoenix, AZ Truck Driver Workers Comp Laws

When Should I Hire a Workers’ Comp Lawyer?

For many employees, it’s less stressful to start working with an attorney at the very beginning of the process of filing a workers’ compensation claim. Often, employees underestimate the benefits they are eligible for. An attorney can ensure all current and future costs for your injury or illness are accounted for.

However, you should definitely contact a Phoenix workers’ comp attorney if:

• Your employer denies the injury is work-related.
• The insurance company won’t provide you with fair compensation.
• The insurance company denies your good faith claim.
• Your employer retaliates against you for filing a claim.

An attorney can protect your rights.

How Can a Truck Accident Lawyer Help Your Case?

An attorney can help collect evidence related to your accident or developing condition. This may include doctor’s appointments, accident reports, or video evidence. This can strengthen your claim, and some evidence may only be accessible by an attorney. An attorney can also negotiate with your company’s insurance provider to get you a higher amount of compensation. Workers’ compensation attorneys are aware of the many ways you are eligible for benefits and will likely calculate higher benefits than you expected. Your attorney can also represent you in hearings.

What Is Trucking Compensation?

All Arizona employees of private, federal, and other agency employers are eligible for workers’ compensation. This includes truck drivers. Private company employee truck drivers can receive workers’ compensation if they develop an illness or condition or if they are injured in an accident while performing their job duties. If you are a truck driver who is classified as an independent contractor, you are not eligible for workers’ compensation.

How Is Workers’ Compensation Determined?

In Arizona, your workers’ compensation benefits are based on the severity of your injury, your medical costs, and your average monthly salary prior to being injured. Workers’ compensation covers all reasonable and necessary medical costs related to your injury or illness, and it covers a portion of your average wages until you can return to work.

Working With Arizona Injury Law Group

It’s essential to protect your rights if you are injured on the job. The skilled attorneys at Arizona Injury Law Group have more than two decades of combined experience, and we want to fight for you to get the compensation you deserve as efficiently as possible. Contact our team today to see how we can advocate for your workers’ compensation claim.