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Truck Accidents | 3/20/2024

Are Semi-Truck Accidents Covered Under Workers Comp?

Workers’ Compensation Claims for Truck Drivers in Pennsylvania

Semi-truck drivers who are injured in an accident in Pennsylvania may be covered under the state’s workers’ compensation laws. However, it is imperative to speak to an attorney as soon as possible to determine what benefits you may qualify for and how to ensure you make a successful claim. 

At Freeburn Law, our attorneys are well-versed in handling workers’ compensation claims. We have recovered over $100 million on behalf of our clients and will fight to ensure you receive the compensation you deserve. If you were injured in a semi-truck accident, contact us today to schedule a free, confidential consultation. 

A Quick Guide to Workers Comp Claims

Drivers who are involved in semi-truck accidents in Pennsylvania may be eligible to file a workers’ compensation claim regardless of who was at fault for the crash. Depending on the situation, you may be able to receive financial recovery for your occupational injuries, including those sustained in a crash. 

It is important to ensure you file a timely claim if you are a truck driver involved in an accident. In Pennsylvania, you must notify your employer within 21 days of your injury and file a claim within 120 days. Failure to notify your employer or file a claim within the legal deadlines may result in your claim being denied. 

Things to Avoid During the Workers’ Comp Claim Process

Several things should be avoided during the workers’ compensation claim process. In your case, it is essential to avoid untimely and unnecessary delays. Working with experienced attorneys from the beginning of the process can help ensure you do not miss any legal requirements, including filing deadlines. 

You should avoid not keeping adequate records. Records often prove critical in a workers’ compensation claim. Documentation related to your employment, injuries, and treatment should be kept and provided to your attorney. 

Another common mistake that many people make is not seeking medical attention immediately after an accident. To ensure workers' comp eligibility, you need to get seen by a medical professional as soon as possible after an injury. Any delay or gap in treatment can negatively impact your case. 

Finally, you should avoid returning to work prematurely. It is essential to follow all doctor orders, including work restrictions, to ensure you receive the maximum benefits allowed under Pennsylvania law. 

When Is an Accident Covered By Your Company?

Workers’ compensation coverage generally includes any injuries that occur within the course of your employment. Therefore, if you are driving a semi-truck for your company and are involved in an accident, it is likely covered by workers’ compensation.

It is necessary to review your company’s policy to ensure that your accident is covered. An attorney can help make sure that you receive your full employee benefits and other compensation allowed under the law.

Semi-truck accidents may be caused by several factors. In many instances, the accidents are the result of negligence, such as speeding and fatigue. For drivers that are driving within the course of their employment, any injuries suffered in an accident are likely covered under workers’ compensation. 

What If You Are At Fault?

Workers’ compensation is provided regardless of fault for truck driver injuries unless the accident was caused by intentional conduct. However, if you sustained occupational injuries in an accident where liability is not clear, it is strongly recommended that you speak to an attorney as soon as possible. An attorney can help determine the best course of action, including whether you should pursue a workers’ compensation claim or file a lawsuit against a liable third party. 

It is important not to discuss fault in the immediate aftermath of an accident. It is not your job to determine who can be held liable after a crash or whether your negligence was the cause of the collision. In many cases, the cause of the accident may not be clear. It may take an independent investigation to determine who or what caused the crash. While fault may not be necessary to prove in a workers’ compensation claim, it is necessary for a personal injury lawsuit. 

Can You Sue Your Company If the Accident Is Caused By Equipment Malfunction?

While workers’ compensation is usually the sole remedy for employees who have been injured in a workplace accident, including trucking crashes. However, there are some exceptions where you may be able to pursue a lawsuit against your company or a liable third party. 

If your accident was caused by equipment malfunction you may be able to file a claim against a manufacturer or the owner of the truck for a failure to maintain. The best way to determine whether you can pursue a lawsuit is to consult with an attorney. 

The Importance of Proper Legal Representation

Pennsylvania trucking accidents can be devastating and result in serious, potentially catastrophic injuries. Securing legal representation can help you navigate the workers’ compensation claims process. 

Whether you have independent contractor status or your company violated trucking industry regulations, an attorney can provide you with the guidance and resources you need to make informed decisions about your case. Working with an attorney is critical to making sure that you receive the maximum benefits allowed by law. 

Freeburn Personal Injury and Workers Compensation Lawyers

At Freeburn Law, our attorneys provide experienced legal guidance for truck drivers. Our legal team will evaluate your case to help determine whether you have a valid claim for damages. You need to take action as soon as possible. In workers’ compensation claims, you only have 21 days to notify your employer of your injuries and 120 days to file a claim. Our lawyers can walk you through the process and help to assess the value of your case.

There are no fees unless we win. Our firm has recovered multiple multi-million dollar verdicts and settlements on behalf of our clients. We will work tirelessly to ensure you receive the outcome you deserve. If you were injured in a truck accident in Pennsylvania, we may be able to help. Contact our office today to schedule a free, no-obligation consultation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
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