Can You File a Workers’ Compensation Claim as a Trucker in Tampa?

Truckers play a vital role in our economy, and they expose themselves to serious hazards while transporting various goods across the country. These dangers include auto accidents, repetitive strain injuries, and even violent attacks from robbers. If you were injured while truck driving in Tampa, you may need compensation for your various medical expenses and missed wages. What’s the best way to pursue this compensation? Could you file a workers’ comp claim in Tampa?

Filing a Workers’ Compensation Claim After Crashing Your Semi-Truck in Florida 

Truck drivers generally have access to workers’ compensation in Florida. If you were injured after crashing your vehicle, you could potentially file a workers’ comp claim. This would provide you with enough to cover your medical expenses and a portion of your missed wages. This is a “no-fault” system, and you do not necessarily need to prove anything in order to get access to these funds.

That being said, there are a few caveats to consider. Many truckers today are classified as independent contractors. Some own their own trucks and run “one-man operations.” In other words, they work for themselves – and not an employer. These types of truckers cannot file workers’ compensation claims – as workers’ comp is only available to employees.

Even if you are eligible to file a workers’ comp claim, you might face challenges if you were allegedly intoxicated at the time of the crash. Workers’ compensation does not cover injuries if you were intoxicated, and a negative BAC result could disqualify you from compensation.

While these challenges can be daunting, a workers’ compensation lawyer may be able to help you overcome them.

Can I File an Auto Accident Lawsuit After Crashing My Truck in Tampa? 

Like the workers’ compensation system, Florida follows a “no-fault” doctrine when it comes to car crashes. This means that there is very little difference between filing a workers’ compensation claim and a no-fault accident claim after a truck accident in Florida. Both strategies provide compensation for medical expenses and missed wages – and neither covers your non-economic damages.

That being said, you could potentially file a personal injury lawsuit if you suffered serious injuries. Examples of serious injuries include brain damage, paralysis, permanent disfigurement, and amputation. If you meet this “serious injury threshold,” you could potentially sue a negligent party for causing your crash. This could provide you with higher compensation compared to a no-fault or workers’ comp claim.

Perhaps most notably, you could sue another truck driver (and their employer) for an accident between two semi-trucks.

Find an Experienced Workers’ Compensation Lawyer in Tampa 

If you were injured as a trucker, consider a consultation with an experienced Tampa workers’ compensation lawyer. While a workers’ comp claim may be possible, you could have additional sources of compensation to consider. Even if your claim has already been denied, an experienced lawyer can help you fight for the coverage you deserve. Contact The Franco Law Firm today to discuss your legal options in more detail.

Sources: 

injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts