After a motor vehicle crash, there may be several types of insurance that people think they can make a claim against. Some people mistakenly try to get health insurance benefits for injuries that they suffer in a car crash. Those who drive for a living might seek liability insurance coverage when really they deserve workers’ compensation benefits.
Workers’ compensation is usually better than other kinds of insurance because it offers complete coverage for medical care and can also provide disability benefits if an injury keeps someone from working while they heal.
Commercial truckers have a number of risks on the job, not the least of which is the possibility of a crash. Is workers’ compensation an option for a commercial driver hurt in a wreck while on the job?
Are you an entrepreneur, an employee or a contractor?
If you are an owner-operator, you may have self-insured to protect yourself against injury on the job. Since you don’t have an employer, there won’t be an outside workers’ compensation policy that applies to you. The same could be true if you are an independent contractor.
If you are technically self-employed, there might not be workers’ compensation coverage for you unless you speak up. There have been many cases of companies misclassifying their workers as contractors while treating them like employees. You could potentially take action against your employer for misclassifying you in the situation.
As a direct employee of a company, you should have coverage through workers’ compensation unless your employer is not in compliance with state law.
Does fault play a role in workers’ compensation benefits?
If you get hurt on the job, you usually have protection regardless of how the incident occurred. While fault does influence which liability insurance policy pays after a car crash, fault on the part of a commercial driver does not prevent them from getting workers’ compensation benefits after a collision.
The one exception to this rule would be a situation where a truck driver is in violation of the law, possibly because they drove while under the influence of alcohol or drugs. In most other scenarios, an employee truck driver who gets hurt during a collision has the right to medical coverage through workers’ compensation and possibly also disability benefits.
