Injuries To Truck Drivers
Safeguarding The Health And Future Of Injured Truck Drivers
When a truck driver suffers an injury, whether in an accident or due to other work-related causes, that driver’s future is put in jeopardy. Injuries to truckers often contain special issues that separate them from most other kinds of cases. One characteristic is that their wages tend to be higher than for most other workers. Many drivers have difficulty finding other work if an injury prevents them from driving any longer. Even if they are able to find a new job, the pay is often not as high as the wages they received from trucking, resulting in a significant wage loss. Wage loss opens up different possibilities for pursuing additional compensation.
At the law office of Jay Gervasi, P.A., we will explore those possibilities and help you understand what types of compensation are available. We fight aggressively on behalf of truck drivers in Greensboro and throughout central North Carolina, providing quality and personalized representation at every step of the process.
Injuries To Truckers That Can Qualify For Workers’ Compensation
Our firm represents drivers who are suffering from a variety of injuries, including injuries caused by:
- Truck accidents
- Loading or unloading cargo
- Falls on uneven surfaces
- Falling off the truck
- Falls while getting into or out of the truck
- Falls while checking the hydraulic lines
A second characteristic of injuries to truck drivers that raises issues more frequently than in other employments is that a lot of the injuries occur while driving. The very nature of truck driving exposes drivers to possible negligence of third parties, such as other drivers. In truck accident cases, it may be possible to pursue a third-party personal injury claim in addition to workers’ compensation. When there is a claim for damages against a third party, there is a complex interrelationship between the worker’s compensation claim and the third-party claim, which requires special handling. While the claims can be handled by separate lawyers, it is usually smoother for both to be handled by the same lawyer, which requires a lawyer who is familiar with both kinds of cases, as well as the process for coordinating them. Jay Gervasi has handled a number of such cases, over more than 34 years of representing injured people and has given seminar presentations, as well as informal advice (and receiving some), to other lawyers about the statutes and cases regulating liens and other considerations that are involved, as well as strategies for how to get the best results for clients.
A third issue that comes up in truck drivers’ cases more frequently than in most other types is the employment relationship. If you are a trucker who has been told by your employer that you are really an independent contractor, and therefore not entitled to compensation, do not give up. Speak with us, because it is very likely that you are not an independent contractor. With more than 34 years of experience, attorney Jay Gervasi knows the nuances of the law and fights to help his clients receive the maximum compensation to which they are entitled. He has handled a lot of cases in which good settlements have been obtained (though no lawyer can promise that a good settlement will be obtained in a given case), especially when the dispute over whether the drivers are employees or subcontractors includes non-workers’ compensation occupational accident insurance. Jay Gervasi has found that very few lawyers are comfortable handling those cases, which sometimes requires him to try to find lawyers in other states to handle cases that he cannot.
Discover Your Legal Rights By Consulting Jay Gervasi, P.A.
Learn more about the legal counsel an experienced lawyer can provide by scheduling a free initial consultation. We can be reached through an online contact form or by calling 336-609-8589.
