Minneapolis Workers’ Compensation for Truck Drivers Attorney

If you are a truck driver who has been injured on the job, contact Kemmitt, Sanford, & Kramer Law PLLC. As our firm’s main area of focus is workers’ compensation and long-term disability benefits, we are prepared to handle your claim and any complexities that arise. We can inform you of your rights, help you file a workers’ compensation claim, and receive the maximum benefits for your injuries. Call today to schedule a free case evaluation with one of our experienced attorneys.

Truck Accident Work Injuries 

Truck drivers can face a lot of hazards on the job. These workers need to handle heavy equipment, operate a large vehicle for hours on end, and face hazards like negligent drivers and dangerous road conditions. As a result, truck drivers are vulnerable to painful and sometimes serious injuries.

A truck driver’s workday can include carrying heavy loads, performing repetitive actions, sitting in the vehicle for extended hours, and spending long times on the road – increasing the risk of an accident. As a result, a truck driver may suffer the following injuries:

• Neck and back injuries from an accident, or sitting for extended periods of time
• Repetitive motion injuries, such as carpal tunnel, from repeating the same motions
• Muscle strains from carrying heavy loads

Additionally, truck drivers can suffer serious injuries in accidents on the job, which can lead to permanent complications and even death. Some of the most severe types of truck accident injuries include the following:

• Traumatic brain injuries
• Spinal cord damage
• Broken bones and fractures
• Cuts and lacerations
• Amputated or mangled limbs
• Burn injuries and scarring
• Internal bleeding and organ damage

How Does Workers’ Compensation Work? 

Workers’ Compensation Law

According to the Minnesota Workers’ Compensation Law, employers are required to purchase workers’ compensation insurance for their employees unless the employer is self-insured. This is called mandatory coverage. 

Under mandatory coverage, any employee that is injured while performing their work is entitled to workers’ compensation. 

Who Is Eligible for Workers’ Compensation?

Truck drivers classified as employees are entitled to workers’ compensation benefits. This covers minors, non-citizens, and part-time workers. It also includes anyone who is hired in Minnesota, anyone who receives checks from a Minnesota-based trucking company, and anyone who is given work assignments from an office located in Minnesota – regardless of whether the employee is a state resident or not. An attorney who is familiar with these requirements can help you determine your eligibility for workers’ compensation benefits.

Many truck drivers are independent contractors, not employees. Unfortunately, Minnesota’s workers’ compensation benefits do not extend to independent contractors. However, many Minnesota employers misclassify truck drivers as contractors when they are actually employees. 

To protect workers, the Minnesota Department of Labor & Industries uses a multi-factor test to determine whether an employee is a contractor or an employee for workers’ compensation. Depending on your situation, you could qualify for a claim.

If you are unsure whether you are eligible for workers’ compensation, contact Kemmitt, Sanford & Kramer as soon as possible. Our attorneys can evaluate your case and help you understand your legal options.

Is There a Deadline to File a Workers’ Compensation Claim? 

It is best to report your injury to your employer as soon as possible to avoid any unnecessary complications – preferably within 14 days of finding out about your injury. Minnesota law allows you up to 180 days to report a work injury to your employer. With a few exceptions, if you delay reporting, you may lose your chance to receive benefits altogether. 

What Does Workers’ Compensation Cover?

Under the Minnesota Workers’ Compensation Act, an injured employee is entitled to recover medical benefits, wage replacement benefits, and vocational rehabilitation benefits. Medical benefits include any treatment and services required to help you recover from a work-related injury or illness.

When it comes to wage replacement, there are four categories of disability benefits that a truck driver can claim:

• Temporary Partial Disability: If you are able to perform some work but need to take reduced hours or another position, you could receive these benefits. Temporary partial disability is equal to two-thirds of the difference between your pre-injury and post-injury wages. 
• Temporary Total Disability: If you cannot work at all due to your injury for a temporary period, you could receive these benefits. Temporary total disability is equal to two-thirds of your average weekly wage up to a certain amount set by the state. 
• Permanent Partial Disability: After you reach maximum medical improvement, your doctor will provide you with a total body impairment rating. If you are partially impaired due to your injury, you could recover permanent partial disability benefits in a lump sum or installments. The value of these benefits will depend on your impairment rating.
• Permanent Total Disability: If you are completely and permanently unable to return to work because of your injury, you could receive permanent total disability benefits for as long as you are disabled. You may qualify for these benefits if you are blind in both eyes, completely paralyzed, lost all of your mental faculties, or lost both of your arms or legs. The value of permanent total disability is the same as temporary total disability.

What Does Workers’ Compensation Not Cover?

There are some situations where workers’ compensation insurance will not cover your injuries. Most often, if your injury did not occur at work or is not related to your job, you are not eligible for benefits. Claims involving crimes or safety violations are also exempt from benefits.

Below are a few examples of scenarios where workers’ compensation would not apply:

• A truck driver gets into an accident while under the influence of alcohol.
• A truck driver violates Minnesota traffic law.
• A truck driver intentionally causes an accident through reckless driving.

How Our Workers’ Compensation Attorneys Can Help 

When you choose Kemmitt, Sanford, & Kramer Law PLLC, you will have a firm on your side that has secured their clients tens of millions of dollars in unpaid and denied benefits. Our attorneys exclusively practice workers’ compensation law and are very familiar with the process. We can advocate for your rights as an injured employee, while also making sure your claim doesn’t get denied because of an easily preventable mistake. 

Contact Our Workers’ Compensation Attorneys Today

If you have suffered an injury on-the-job as a truck driver, contact Kemmitt, Sanford, & Kramer Law PLLC. Schedule a free case consultation with our Minneapolis workers’ comp lawyers to learn more about your rights as an injured employee.