If you are a truck driver injured on the job, your employer or insurance company denies or delays your benefits.
Truck driving is one of the most physically demanding and high-risk professions in the United States. Long hours on the road, heavy lifting, and exposure to dangerous conditions put truck drivers at a significant risk of work-related injuries. When injured on the job, truck drivers may be eligible for workers’ compensation benefits. Still, the claims process can be complex, especially when issues such as independent contractor status, employer disputes, and third-party liability arise.
Contact us today for a free consultation and protect your rights.
Are Truck Drivers Eligible for Workers’ Compensation in Missouri?
In Missouri, most employers must carry workers’ compensation insurance, and this coverage typically extends to truck drivers classified as employees (RSMo 287.030).
However, employment classification is a key issue in truck driver workers’ compensation cases.
- Company Drivers: If you are a full-time or part-time truck driver employed by a company, you are generally covered by workers’ compensation benefits.
- Independent Contractors & Owner-Operators: Many trucking companies classify their drivers as independent contractors, which means they are not automatically covered under workers’ compensation laws. However, in some cases, misclassified drivers may still qualify for benefits.
If you are unsure whether you qualify, a workers’ compensation attorney can review your employment classification and help determine if you are eligible for benefits.
Common Work-Related Injuries for Truck Drivers
Truck drivers face a variety of workplace hazards, from traffic accidents to repetitive motion injuries. The most common injuries include:
Truck Accidents & Collisions
- One of the most dangerous risks for truck drivers is being involved in a highway accident.
- Collisions can cause broken bones, head injuries, spinal cord damage, and internal injuries.
Back & Neck Injuries
- Sitting for long hours while driving can lead to spinal disc problems, chronic back pain, and herniated discs.
- Lifting heavy cargo can also contribute to muscle strains and joint damage.
Repetitive Stress Injuries
- The constant motion of shifting gears, gripping the steering wheel, and stepping on the pedals can cause nerve damage, joint pain, and carpal tunnel syndrome.
Slip-and-Fall Injuries
- Slipping on icy truck steps, falling while loading cargo, or tripping at a loading dock can lead to fractures, sprains, and head injuries.
Exposure to Harmful Substances
- Some truck drivers transport hazardous materials, increasing their risk of chemical exposure and respiratory illnesses.
Fatigue-Related Injuries
- Long hours on the road, lack of sleep, and demanding schedules can lead to accidents caused by driver fatigue.
Workers’ Compensation Benefits for Injured Truck Drivers
If a truck driver is injured while performing work duties, they may be eligible for several types of workers’ compensation benefits, including:
Medical Benefits
- Covers all necessary medical treatment, including doctor visits, surgeries, therapy, and medications.
- Missouri law requires the employer or insurance company to pay for authorized medical treatment (RSMo 287.140).
Temporary Total Disability (TTD) Benefits
- If an injured driver cannot work while recovering, they may receive two-thirds of their average weekly wage (RSMo 287.170).
Temporary Partial Disability (TPD) Benefits
- If drivers can return to light-duty work at reduced pay, they may receive partial wage compensation (RSMo 287.180).
Permanent Partial Disability (PPD) Benefits
- If the injury causes permanent impairment, but the driver can still work in some capacity, they may receive compensation based on the severity of the impairment (RSMo 287.190).
Permanent Total Disability (PTD) Benefits
- If a driver is permanently unable to return to any work, they may receive lifelong disability payments or a lump-sum settlement (RSMo 287.200).
Death Benefits for Families
- If a truck driver is fatally injured on the job, their surviving dependents may receive death benefits, including funeral expenses and ongoing financial support RSMo 287.240.
Challenges Truck Drivers Face in Workers’ Compensation Claims
Truck drivers often encounter unique obstacles when filing a workers’ compensation claim, including:
Employer Denial of Coverage
- Trucking companies often misclassify drivers as independent contractors to avoid paying workers’ compensation benefits.
- If a driver is misclassified, they may still have a legal right to benefits and should consult an attorney to challenge the classification.
Out-of-State Injuries
- Truck drivers often work across state lines, leading to jurisdictional disputes over where to file a workers’ compensation claim.
- In Missouri, a driver may be eligible for benefits if their employer is based in the state or if they spend significant time working in Missouri (RSMo 287.110).
Delayed or Denied Claims
- Trucking companies and their insurers often delay or deny claims, arguing that the injury was not work-related or was due to a pre-existing condition.
Pressure to Continue Working
- Some employers pressure injured truck drivers to continue working, leading to worsened injuries and reduced chances of recovery.
How to Protect Your Workers’ Compensation Claim as a Truck Driver
- Report the injury as soon as possible – Missouri law requires injuries to be reported within 30 days RSMo 287.420.
- Seek medical treatment immediately – Do not delay medical care, as this could hurt your claim.
- Document everything – Keep records of medical reports, employer communications, and witness statements.
- Consult an experienced workers’ compensation attorney – If your claim is denied, an attorney can fight for your rights and appeal the decision.
Need Help with Your Workers’ Compensation Claim?
If you are a truck driver injured on the job and your employer or insurance company denies or delays your benefits, the Law Office of James M. Hoffmann can help. With over 30 years of experience fighting for injured workers, we are dedicated to securing the maximum compensation you deserve.
Contact us today for a free consultation and protect your rights.