Can Truckers File Workers’ Compensation Claims in Tampa?

Truckers face serious risks on the job in Tampa. While it’s true that these heavy, lumbering vehicles offer plenty of protection from crashes, truckers can still suffer serious injuries in accidents. If you were hurt in one of these crashes, you might be wondering about your options for compensation. Perhaps you face mounting medical bills, excessive lost wages, and other damages. Is it possible to file a workers’ compensation claim for a truck accident in Tampa?

Truckers Who Are “Employees” Can File Workers’ Compensation Claims 

First, you should know that only “employees” are eligible to file workers’ compensation claims. As an initial step, consider whether you are officially classified as an “employee” under your contract. Many truckers are classified as independent contractors instead, and this is particularly common for truckers who own and operate their own vehicles. These “solopreneurs” may not be eligible to pursue workers’ compensation unless they specifically opt in to certain insurance policies.

You Can File a Workers’ Compensation Claim Regardless of Fault 

One of the key benefits of workers’ compensation for truckers is that it can provide financial support regardless of fault. Technically speaking, workers’ comp is a type of “no-fault” insurance. You may be able to recover compensation through this program even if you obviously caused your own injuries. For example, you might have veered off the road and crashed into a tree due to fatigue.

The only real exception involves intoxication. If you tested positive for drug or alcohol impairment after your crash, workers’ compensation may not cover any of your economic damages. If you face this situation, it may still be possible to fight your denied claim with help from a workers’ compensation lawyer in Tampa.

Car Accident Claims vs. Workers’ Compensation Claims 

Many trucking accidents can lead to workers’ comp claims, normal auto accident claims, or both. While this situation is slightly complex, workers’ compensation may provide more financial security due to minimum insurance limits. For example, some Florida drivers carry just $10,000 of coverage per person and $20,000 of coverage per accident. This may not be enough to cover your full range of medical costs and lost wages.

In contrast, workers’ compensation can cover a significant portion of these economic damages – and it generally covers 100% of your necessary medical expenses. If the truck accident was fatal, the trucker’s family may be able to pursue significant compensation in the form of “death benefits.” This is similar to a wrongful death lawsuit.

On the other hand, it may also be possible to file a normal auto accident lawsuit after suffering serious injuries in a truck accident. This has the potential to provide even more financial support than a workers’ compensation claim, because a lawsuit may lead to compensation for non-economic damages (emotional distress, disfigurement, PTSD, etc.). Workers’ comp does not cover non-economic damages.

Can a Tampa Workers’ Compensation Lawyer Help With My Truck Accident Claim? 

Truckers are often eligible to file workers’ compensation claims after crashing. A Tampa workers’ compensation lawyer may be able to guide you toward meaningful financial support, allowing you to cover missed paychecks, hospital bills, and other damages. To learn more about your legal options, contact The Franco Law Firm today.

Sources: 

abcactionnews.com/news/region-hillsborough/traffic-alert-i-75-semi-truck-fire-in-riverview-caused-traffic-to-be-reduced-to-one-lane-southbound

fox13news.com/news/semi-truck-overturns-canal-i-75-tampa-closing-southbound-lanes