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Workers’ Compensation for Truck Drivers

For truck drivers who have been injured at work

Truck Drivers hurt on the job

Are you a truck driver seeking a workers' compensation claim?

Are you a truck driver who has been injured on the job? Are you confused about which state’s workers’ compensation laws cover your injury? Are you confident your employer is following the right laws and paying you the full benefits you deserve? If not, keep reading.

Take full advantage of this information and the free e-booklet we offer. Don’t be afraid to give us call – this is complicated. Neither your employer nor your employer’s workers’ compensation insurance company is going to take the time to figure out what is best for you. They will pick what is easiest and cheapest for them.

If you are a truck driver who has been injured on the job, you need the assistance of a lawyer who is experienced and skilled in Nebraska workers’ compensation laws. The workers’ compensation team at Watson & Carroll, P.C., L.L.O., helps injured truck drivers successfully file and secure the benefits they need and deserve to provide for their families, pay their bills, and recover from their injuries.

In most cases, workers’ compensation in Nebraska covers:

  • Medical treatment, which includes doctor or hospital visits, diagnostic testing, surgery, medication, medical devices and prosthetics, therapies, and other costs.
  • Mileage for travelling to your doctor, physical therapist, pharmacy, or other medical providers related to your injury.
  • Lost wages and compensation for permanent injuries.
  • Death benefits, which include some funeral expenses and a percentage of weekly compensation to surviving dependents.

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If you were employed or injured in Nebraska, you may be entitled to workers’ compensation benefits in this state.

You – an injured truck driver – may actually be able to pursue work comp benefits in different states.  The state in which you pursue your benefits depends on the laws in the states in which your employer is located and where your accident occurred. If your employer is headquartered in Nebraska but you were injured in another state, you qualify for benefits in Nebraska, but you may also qualify for benefits in the state in which you were injured.

The same is true if you are injured while performing work duties for your employer in Nebraska, but your employer is headquartered in another state. Simply driving through Nebraska doesn’t qualify you for benefits. Nebraska law requires your employer to be accomplishing work in this state before Nebraska will extend benefits to you. You must be accomplishing some actual work like delivering a load or picking up a load. If, however, your employer regularly does work in the state, but you were injured simply driving through the state you can qualify under those circumstances. Again, this is a complicated area of the law. But determining what state provides you the best benefits is critical to you. Not all state’s workers’ compensation benefits are equal. Some states’ benefits are harder to obtain while some states’ benefits provide for less compensation – you need a lawyer to help determine what is best for you.

Our Nebraska worker’s compensation team can help you determine if your best options are in Nebraska or another state. Contact our work comp team to share your story and find out what’s best for you. In the meantime, download our free ebook, which will likely answer many of your questions. Get your free ebook today.

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HURT ON THE JOB?

This Ebook explains four basic benefits available for injured workers subject to the Nebraska Workers’ Compensation Act. Learn about the different aspects of workers compensation and determine if you need an attorney to help you in your case. You need to read this book if you have questions about time off work, compensation for permanent injuries, medical bills and mileage, and rehab costs.

Truck drivers injured on the job, some from the current protests and riots

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Trucking Injuries Eligible for Workers’ Compensation

A trucking work injury can be anything minor to life-altering, from a slight concussion to a spinal cord injury, traumatic brain injury, or amputation. Injuries to truckers can happen doing many typical job duties, including:

  • Unloading Freight. Unloading freight is a large part of most truck drivers’ jobs – and the chance for injuries is possible every time they do it. Freight can fall on them. Or, truckers are hurt pulling pallet jacks that get caught on dock plates or in holes in the trailer floors, which commonly causes shoulder and/or neck injuries. At the same time, repetitive lifting of heavy freight can cause back injuries.
  • Cranking Down Landing Gear on Trailers. Such movements commonly cause serious shoulder and neck injuries.
  • Slip and Fall Injuries. In most cases, reefer trailers are often wet in the summer and icy in the cooler weather. Truck drivers often slip and fall at truck stops, parking lots, and even off the side of their trucks when getting in and out during the winter.
  • Pulling the Fifth Wheel Pin. Pulling the fifth wheel pin can lead to back, shoulder, and neck injuries. Injuries happen most often when pins get stuck and people twist and injure their backs.
  • Crashes While Driving. There are a few types of truck accidents that are especially common: rollover, jackknife, tire blowout, unsecured loads, and underride accidents. Truck crashes can result in broken bones, neck and back injuries, head trauma, internal injuries, lacerations, rib and torso injuries, seat belt injuries, spinal cord injuries, and more.
  • Repetitive Stress Injury. Such injuries are caused by repeated motion and include carpal tunnel syndrome, trigger finger, bursitis, tenosynovitis, ganglion cysts, tendinitis, and epicondylitis. A repetitive stress injury usually affects soft tissues that include nerves, tendons, ligaments, and muscles.

Don’t settle for what your company’s insurance group tries to sell you when it comes to your workers’ compensation claim. If you’re ready to fight for what’s right for you and your family, get in touch with us. The workers’ compensation lawyers at Watson & Carroll P.C., L.L.O., will help secure workers’ compensation benefits for you. That way, you can stop worrying and instead focus on healing, resting, and getting back to work. Share your story below or call us today – and let us fight for you.

Frequently Asked Questions About Nebraska Workers' Comp

Does it matter if I caused my own workplace accident?

No. Workers’ Compensation guarantees you benefits, even if you caused the accident and your injuries. Your accident should be covered unless you were willfully negligent, which means you intentionally caused the accident or were intoxicated at the time.

Can I get workers’ compensation and file a personal injury claim against my employer?

Not usually. When you file a claim for workers’ compensation benefits, you give up your legal right to sue your employer for a personal injury claim.

Do I have to tell my employer about my on-the-job accident?

Yes – and do it immediately. You must tell your employer about your workplace accident as soon as possible after it occurs. If you don’t, the insurance company could question the validity of your claim. You could also lose your right to Workers’ Compensation benefits entirely if you wait too long to tell your employer what happened.

How much of my original wages will I earn in workers’ comp benefits?

Temporary total disability benefits are set at two-thirds of wages earned in an average week. This amount is capped, though, so you might earn less than that percentage depending on how high your wages are. For any questions about your weekly benefit, contact us today.

Can we add something like calculating the temporary total disability benefit is one of the most important calculations in your case as well as potentially the most difficult. I’m fine with the other things stated here but did want accent the difficulty level.

Do I have to see my employer’s doctor after my accident?

No. Nebraska law allows your family doctor or an immediate family member’s doctor to treat you as long as he or she treated you or your immediate family member before the accident happened.

Do I get paid money for pain and suffering?

No. Nebraska law does not allow payment for pain and suffering in Workers’ Compensation cases.

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AREAS OF PRACTICE

Workers' Compensation

Workers' Compensation

Being injured on the job is often the fault of an unsafe work environment. Do not be a victim any more than you already have been. Seek justice.
Slip and Fall Accidents

Slip and Fall Accidents

If an unsafe environment has caused you or a loved one to slip and fall, seek the legal support you need to obtain the personal support you deserve.
Personal Injury

Personal Injury

Accidents can leave a devastating, lasting effect on both your physical and emotional well-being.

You don’t need to fight alone. We have a solution.

Let’s get started. Contact us today.
Nebraska, Iowa, and South Dakota

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

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Watson & Carroll, P.C., L.L.O.