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 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:
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:
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.
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.
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.
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:
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:
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.
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.