Nevada Workers’ Compensation Claims for Truck Drivers

Nevada Workers’ Compens…

Driving a truck is physically demanding, and on-the-job injuries for truck drivers are an unfortunate reality. In fact, the Bureau of Labor Statistics (BLS) ranks truck driving as one of the deadliest jobs in the U.S. Fortunately, most truck drivers are eligible for Workers’ Compensation benefits for injuries sustained on the job. But successfully resolving a Nevada Workers’ Compensation claim often requires the assistance of a dedicated and experienced Workers’ Compensation attorney.

Workers’ Compensation Coverage for the Trucking Industry

Truck drivers face unique risks while on the job. Common injuries suffered by truck drivers include:

  • Accident-related injuries like broken bones, back and neck injuries, brain injuries, and internal bleeding
  • Repetitive-stress injuries such as carpal tunnel syndrome, trigger finger, bursitis, and tendonitis
  • Musculoskeletal injuries from lifting heavy cargo
  • Injuries sustained in falls

Because of the likelihood of sustaining a severe or debilitation injury while at work, it is important that truck drivers understand the Workers’ Compensation system and how to recover the compensation they and their families are owed.

As most workers know, Workers’ Compensation is a no-fault system. When an employee is injured on the job, they can make a claim and receive financial compensation for their injuries. This includes money for the cost of medical bills, lost wages due to time off of work, and disability benefits for workers who are unable to work for long periods of time.

To be eligible for compensation through Workers’ Comp, a truck driver must show that they sustained the injury during the course and scope of their employment. However, many trucking companies claim that an injury or medical condition is not a result of a work-related injury and that the truck driver is not subject to coverage under Workers’ Compensation.

To prove that an injury is work-related, your Workers’ Compensation attorney must show that the injury was sustained while on the job. Important questions to answer include:

  • What was the driver doing when the injury occurred?
  • Where and when did the accident or injury happen?
  • Does the truck driver have any pre-existing medical conditions?
  • Is the injury common among other truck drivers?
  • Was the driver getting paid at the time the accident or injury occurred?

Answering these questions will help prove that your injuries were sustained in the course and scope of your employment and ensure that you are eligible for Workers’ Compensation coverage.

Owner-Operators Versus Trucking Employees

Workers’ Compensation covers employees who are injured on the job. However, many truck drivers are owner-operators and are not considered employees of the trucking company they work for. This means they are not covered by Workers’ Compensation for on-the-job injuries, and the trucking company will not be responsible for injuries the driver sustains on the job.

In some cases, a trucking company may still choose to include owner-operators under the Workers’ Compensation coverage. Other times, a trucking company may select Occupational Accident Injury Coverage, where the owner-operator purchases their own coverage for medical bills and disability benefits in the event they are injured on the job.

Regardless of the specifics, it is important that truck drivers understand the nature of the coverage that applies to them and the limits of Workers’ Compensation coverage, especially for owner-operators.

The Vander Laan Law Firm: Addressing Your Legal Needs with Compassion and Competence

Driving a truck is one of the most dangerous jobs in America, and truck drivers are exposed to a variety of workplace hazards. When a truck driver is injured on the job, they incur medical expenses and often miss time from work, resulting in lost wages. Truck drivers and their families are entitled to Workers’ Compensation benefits and should receive the compensation they deserve.

Most truck drivers who were injured on the job are also entitled to vocational rehabilitation services that provide assistance with job training and placement after a work-related injury. To qualify, a worker must have sustained an injury that causes a “substantial impediment” to their ability to work and be able to benefit from job training services that can assist with finding a new job.

If you are a truck driver who was injured on the job and need help receiving your Workers’ Compensation benefits or vocational rehabilitation services, Nevada Workers’ Compensation attorney Natalia Vander Laan can help.

Ms. Vander Laan cares deeply for her clients and works hard to help them find peace of mind. She proudly represents injured workers in Nevada and fights to protect their rights.

Learn more about Natalia Vander Laan and the Workers’ Compensation cases she handles, then contact the Vander Laan Law Firm today to schedule a consultation to discuss your case.

Ms. Vander Laan handles Workers’ Compensation claims on a contingency fee, which means no fee is owed unless the Vander Laan Law Firm recovers money for you.

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