Oklahoma truck drivers have dangerous jobs. According to the Bureau of Labor Statistics (BLS), a truck driver’s risk of fatal workplace injury is seven times higher than the average private industry worker. In addition, the risk of injury or illness resulting in time away from work is also three times higher in the trucking industry than the rate of all other private industry occupations.
You might be entitled to workers’ compensation benefits if you were injured as a truck driver. Workers’ compensation is no-fault insurance that most employers must provide for injured workers. The workers’ compensation lawyers at Ryan Bisher Ryan & Simons can help you determine your eligibility and pursue the benefits you are owed.
We understand the risks that truck drivers encounter on the job every day. However, they should not have to pay for their medical bills when they get injured at work, and they deserve the wage-loss benefits they need to make ends meet. If you were injured while driving a truck, call the dedicated trucker workers’ compensation lawyer at Ryan Bisher Ryan & Simons for a free consultation. We are ready to fight for the compensation you need while recovering from your injury.
Do You Qualify for Oklahoma Workers’ Compensation as a Truck Driver?
You might qualify for workers’ compensation benefits if you were injured in Oklahoma while working as a truck driver. However, it depends on your employment status during your injury. Some truck drivers work for large trucking companies. Other truck drivers are owner-operators who own or lease their trucks for hire. Oklahoma’s workers’ compensation laws treat these truck drivers differently regarding workers’ compensation coverage.
Owner-Operator Workers’ Comp Claims
Owner-operators who own or lease their trucks for hire are not considered employees under Oklahoma’s workers’ compensation laws. That means if an owner-operator truck driver gets injured, they are not eligible to file a workers’ compensation claim against the company that hired them.
However, that doesn’t mean owner-operator truck drivers are alone after a workplace injury. According to the Oklahoma Workers’ Compensation Commission (WCC), an owner-operator can elect to participate in the workers’ comp system as a sole proprietor. Sole proprietors are not obligated to secure workers’ comp insurance but can choose insurance policies that cover workers’ comp benefits.
Workers’ compensation isn’t the only route to compensation, though. If the injury resulted from someone’s negligence – such as a car accident caused by another driver, for example – an owner-operator may be able to pursue compensation through the at-fault party’s insurance policy or a personal injury lawsuit. An experienced truck driver workers’ comp attorney can help you explore all your options and pursue the best avenue for maximum compensation.
Workers’ Comp Claims with Your Trucking Company
Truckers employed by a trucking company or another employer are usually covered under Oklahoma workers’ comp. Generally, any employee of an Oklahoma company who gets injured on the job can file a workers’ compensation claim with their employer’s insurance. It doesn’t matter who was at fault for the accident because workers’ comp is no-fault insurance. Workers’ compensation benefits cover the following:
- Medical expenses
- Lost wages
- Disability benefits
- Vocational rehabilitation and job placement for workers unable to return to their jobs
- Death benefits the families of workers who suffer fatal injuries
According to the WCC, there are four types of disability benefits depending on the level and duration of the disability. They are:
- Temporary partial disability (TPD) – TPD benefits pay the difference up to 70 percent between an injured worker’s average weekly wage and what they make doing a lesser-paying job while recovering.
- Temporary total disability (TTD) – TTD benefits pay up to 70 percent of an injured worker’s average weekly wage, capped at the state’s average weekly wage. These benefits are available for up to 156 weeks, with a few exceptions.
- Permanent partial disability (PPD) – PPD benefits pay weekly payments of up to 70 percent of an injured worker’s pre-injury average weekly wages, with caps based on the date of injury.
- Permanent total disability (PTD) – PTD benefits pay weekly payments up to 70 percent of an injured worker’s pre-injury average weekly wage, capped at the state’s average weekly wage. An injured worker may receive PTD benefits for 15 years or until they reach the age of maximum Social Security retirement benefits, whichever is longer.
Common Truck Driver Injuries Covered by Workers’ Compensation
For truck drivers who qualify, workers’ compensation covers all types of workplace injuries, including acute injuries caused by accidents and chronic injuries or illnesses caused by repetitive strain. Common truck driver injuries covered by workers’ compensation include the following:
- Broken bones
- Soft tissue injuries
- Lacerations
- Contusions
- Head and neck injuries
- Facial injuries
- Burns
- Nerve damage
- Back injuries
- Internal organ damage
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Lower back pain
- Overexertion injuries
- Joint pain and injuries
Should You Hire a Workers’ Compensation Lawyer for Truck Drivers?
The workers’ compensation claims process can be complex and confusing. Most injured truck drivers don’t have the time or resources to navigate the system independently. You should hire a workers’ compensation lawyer after a trucking injury.
- A trucker workers’ compensation lawyer can help determine whether you can file a compensation claim. If you qualify, your lawyer can guide you through the entire process by:
- Gathering sufficient documentation to prove the validity of your claim
- Completing and filing a claim with the Oklahoma WCC
- Representing you at a hearing before the Oklahoma WCC or in mediation
- Negotiating for maximum compensation from the employer’s insurer
- Appealing a denial of benefits
- Considering other potential avenues for payment, such as a third-party personal injury lawsuit
Contact the Truck Driver Lawyers at Ryan Bisher Ryan & Simons Today
If you are a truck driver injured on the job, immediately contact the truck driver lawyers at Ryan Bisher Ryan & Simons. Our experienced lawyers understand this often-confusing system and will waste no time pursuing the compensation you need to recover. Let us worry about your workers’ compensation claim while you focus on your health and well-being. Call us today to speak with one of our trucker workers’ compensation lawyers.
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