Tuesday, April 12, 2016

What Truck Drivers must Know about Workers Comp Claims

Truck drivers perform a high-risk job and even though the trucking company is legally obligated to provide sufficient worker’s compensation insurance benefits, truck drivers also must be responsible and respond in a proper fashion in the event of an injury in order to receive the correct amount of benefits from worker’s comp.

Risks that Truck Drivers Face

  • Drivers hurt themselves if they fall from loading decks
  • Shoulder injuries and sprains are common while raising heavy truck-hoods
  • Unloading and loading cargo
  • Slips, strains, and falls from exiting and entering cabs
  • Repetitive stress that they had to endure for extended period
  • Traffic accidents
How Drivers React when they are Injured

Often truck drivers are far from company sites working independently. Moreover they are seldom in touch with the supervisors when they are on the job miles or even hundreds of miles away. This is why it is often not feasible for the injured driver to intimate their supervisors.

Worker’s compensation lawyers reiterate that you must communicate the details of any injury immediately to your supervisor and your employer even when the injury appears minor. Secondly drivers must seek immediate medical attention. If you delay treatment you may face trouble with the insurer who can argue that you delayed your treatment because the injury was not serious. In addition, if you report the injury promptly the accuracy of the incident is properly relayed.

It is important for employers to train their drivers to report the injuries right away. They must know who to report the incident to and the contact details must be made available to them so that they can call in the event of an accident. This is not the time for guessing games or fumbling through company manuals. 

If you need legal help in this regard go right here: Workers-Comp.USAttorneys. If your organization or company is not coming through for you, you need to use that website to secure a legal counselor.

Alternative Work

Drivers who are unable to return to arduous work must be provided with alternative short term employment. Worker’s compensation attorneys say that the drivers must communicate their willingness to join alternative jobs whereas the employers have the responsibility to rehabilitate a driver to light duty as long as he or she is not fully recovered. Engaging in alternative work will cut back on the number of income loss claims and is also widely recommended by insurers.

The US Navy has a term for this, it is called light, limited duty or LLD. It is better than nothing and still enables the person to be somewhat productive and to somewhat have their head in the game and still on the team. When they are healthy, they can return to normal work after being cleared by a doctor.

Only in extreme situations can someone on light duty return to normal work without a doctor’s approval and in the civilian world this would probably never happen. Even in the military it would be rare. But it did happen in the movie Black Hawk Down when that Special Forces soldier was told he could not fight with that cast on so he took out a knife and started cutting it off. That is dedication and heart. This occurs only in rare circumstances.

Furthermore, the employers as well as drivers must communicate with their physicians and demonstrate their willingness to join light duty. It is also important for employers to provide physicians with information about the alternative duties that are available to the driver so that they can evaluate the physical condition of a driver and suggest a suitable duty.

Worker’s compensation lawyers point out that truck drivers have the responsibility of communicating with their supervisor if they are forced to take home-rest. For instance they must inform the supervisor about the restrictions they face and if they think they can take on light duty.


Returning to Work

When workers return they must submit all the crucial paperwork for the claim. The doctors treating the driver will issue releases when they think that a driver is ready to hop back on duty and the copies of those releases must be provided to the worker’s comp coordinator. In addition, they must adhere to all the restrictions that the doctor has mandated both at work and at home so that injury is not aggravated.

If you have suffered workplace injuries, it is pivotal to speak with a workers’ compensation lawyer as soon as you have received medical treatment if your employer is not coming through for you. This is the best way to ensure that you meet all the legal deadlines and file the required paperwork in time to ensure that your rights are protected. If your employer is not being honorable, your legal professional will know what to do. 

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