Anyone who agrees to operate a large truck knows there is a substantial amount of risk that comes with the job. In 2016 alone, 4,213 trucks were involved in fatal crashes and thousands of others were involved in a collision that resulted in personal injury [Source: Federal Motor Carrier Safety Administration]. Many of the truck accidents that transpire on our roadways often result in a truck driver suffering significant injuries that force them out of work and require them to seek medical treatment for an extended period of time. During this time, not only are the medical bills racking up, but the paychecks are thinning out which is why most truckers are entitled to recover worker’s compensation benefits from their employer’s insurance policy.
It is important to keep in mind that not all truck drivers are entitled to receive worker’s compensation benefits as your position with the company could prohibit you from receiving these benefits. Therefore, it is best to speak with your employer to find out if you are eligible to collect worker’s comp benefits after engaging in a truck collision in Los Angeles, CA.
What types of benefits is a truck operator entitled to receive when injured in a truck collision?
If your position does permit you to recover worker’s compensation benefits, the California Department of Industrial Relations says that there are five basic benefits you can collect. These include:
- Medical care. Your medical treatments are paid for by your employer to help you “recover from an injury or illness caused by work.”
- Temporary disability benefits. These benefits are usually provided when you are unable to work due to the degree of the injury you sustained in the accident.
- Permanent disability benefits. If your physician determines after treatment and/or examination that you won’t recover from your injuries, you would likely receive permanent disability benefits.
- Supplemental job displacement benefits. These are “vouchers [that] help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer.”
- Death benefits. These benefits are paid to your spouse, children, or other dependents in the event the accident results in your death.
Something else you need to be mindful of is that if your negligence contributed to the accident occurring, that may bar you from collecting these worker’s comp benefits. Again, you would need to speak with your employer to find out whether your actions affect your ability to collect worker’s comp and if they don’t, then you will want to have your employer initiate the claims process.
Why do I need a Los Angeles, CA truck accident lawyer to help me with my case?
There are many benefits that come along with retaining a Los Angeles, CA truck crash lawyer after engaging in a collision. The fact is, not all employers handle work-related claims properly and sometimes, trucker drivers lose out on certain benefits they should have received. In other instances, you may actually be entitled to recover more compensation by taking a different form of action other than filing a worker’s compensation claim and an attorney would be able to determine this for you.
So, if you recently engaged in a truck accident in Los Angeles, CA and would like to find out more about worker’s comp and why you might need a lawyer, contact USAttorneys.com and we will help you locate a legal professional in your area who is ready to dedicate themselves to your case.