Truck drivers, Independent Contractors, and Occupational Accident Insurance Claims

Understanding Workers’ Compensation Rights

Employers, particularly in the trucking industry, often treat workers as independent contractors, when under the law, they are actually employees.  That becomes important, when a truck driver is injured, and workers’ compensation is denied, on grounds that the worker is not an employee.  There is frequently a separate, non-workers’ compensation “occupational accident” insurance company that the employer has the drivers pay for their own insurance.  Those policies do not provide the same level of coverage as workers’ compensation does, usually paying less per week for time out of work and shutting off all benefits, including medical, two years after the injury.  Unlike workers’ comp, they also do not pay for occupational diseases or compensation for permanent injury.  And since they are not regulated by state agencies, like the North Carolina Industrial Commission, the insurance companies can make arbitrary decisions as to payment of disability and medical benefits, without the power of the state agency to hold them to account. 

The good news is that in most cases, that structure opens up opportunities for injured workers to obtain recoveries that are larger than in workers’ compensation cases of similar characteristics.  Surprisingly, most workers’ compensation lawyers are not interested in the cases.  Jay Gervasi, P.A. is.

How North Carolina Determines Whether a Truck Driver Is an Employee or Independent Contractor

Employment status in North Carolina workers’ comp law is determined by the facts of the actual relationship—the amount of control by the alleged employer versus the real independence of the worker.  Paperwork does not determine the result.  For example, if a truck driver does not have their own DOT license, so that they have to drive under the truck company’s, the driver usually cannot be considered independent.  “Independent contractor agreements” usually contain so many restrictions, like prohibitions against hiring others or driving for other companies, that they define the drivers as employees. 

Contact Jay Gervasi, P.A. About Your Trucking Injury Claim

If you are a truck driver who was injured while working and your workers’ compensation claim was denied because you were labeled an independent contractor, it is important to understand your options. Occupational accident insurance may not provide the same protections or benefits as workers’ compensation, and the details of your work relationship can make a significant difference. Jay Gervasi, P.A. has experience handling these types of cases and helping injured drivers pursue the compensation they deserve. Jay Gervasi, P.A. has been a pioneer in these cases.  If you have one, please feel free to contact us for a free consultation.

Tags: CDL Lawyer, workers compensation attorney, workers compensation claim
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