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Asheville Truck Driver Workers’ Comp Lawyer
Asheville Truck Driver Workers’ Comp Attorney
Truck drivers do not have easy jobs, and this is especially true for long-haul truckers. Driving a giant cargo vehicle across the country at all hours of the day can get lonely, stressful, and tedious and can even result in injuries. Thankfully, North Carolina requires most truck driving companies to carry workers’ compensation insurance that can help injured truck drivers recover physically and financially. If you are an injured truck driver, you may want to contact an Asheville truck driver workers’ comp lawyer.
Truck Driver Workers’ Compensation
We may not think about truck drivers being eligible to receive workers’ compensation for any injuries, but they are workers just like everybody else. Under North Carolina state law, any company that has more than three employees is required to carry workers’ compensation insurance, including trucking companies. Understanding your rights when it comes to workers’ compensation is paramount.
While some companies may try to muddy a truck driver’s employment status when they attempt to file for workers’ comp, North Carolina state law says that a truck driver is covered under the company’s insurance whether they are a full-time employee or an independent contractor.
In the event of an injury while employed as a truck driver, here is a brief list of steps you can take to ensure you protect your own interests and succeed in getting workers’ compensation:
- See a Doctor: If you are injured, regardless of the reason, you should seek medical attention. While you may not think your injury is severe enough to warrant a doctor’s visit, it is important to have a medical record of your injury when it comes time to file a claim. Also, the doctor may find internal trauma you were unaware of.
- Have a Written Record: When dealing with insurance companies, you will want to have written records of everything so you can prove that you followed the correct steps. Make sure you have, in writing, the following:
- Your employer’s name.
- Proof that your employer is legally carrying workers’ comp insurance.
- A notification of your injury to your employer.
- A claim with the state’s workers’ comp agency.
- Contact a Lawyer: Once you have taken the proper steps to document your claim and submit it, you may want to consult with a workers’ comp lawyer who can help you understand your options and make sure you have done everything correctly thus far.
Common Truck Driver Injuries
Truck drivers in Asheville and throughout North Carolina suffer all kinds of injuries, many of which are unique to their specific line of work. Here are some of the more common types of truck driver injuries that may warrant a workers’ compensation claim:
- Truck Accidents: While comparatively, truckers driving huge vehicles are likely safer than the drivers in cars around them, truckers are still prone to accidents that can cause them serious injury. Larger trucks are considerably prone to rollovers, jackknifing, T-bones, and tire blowouts, all of which can result in catastrophic injury.
- Chronic Illness: Truck drivers are sedentary for enormous stretches of time. During these long periods, simply sitting still and not moving around can cause all sorts of chronic stress injuries, such as blood clots and spinal injuries. Constantly gripping the steering can cause carpal tunnel syndrome to develop in the wrist. It is important to stop and stretch once in a while to prevent serious injuries. Frequent rest is also paramount to a healthy lifestyle.
FAQs
Q: How Is a Workers’ Comp Settlement Calculated in North Carolina?
A: A workers’ comp settlement is calculated in North Carolina by taking into account various factors that are specific to the case at hand. Every case is different, and every settlement amount will be different as a result. The main factors that are considered are:
- The body part affected by the injury.
- The value of your injury when it comes to your weekly earnings.
- The amount of time you will receive disability benefits for your injury.
- Your total earnings at the time of your injury.
Q: How Long Does Workers’ Comp Last in North Carolina?
A: In North Carolina, workers’ comp can last for up to 500 weeks, with the added possibility of an extension in certain circumstances. During that time, you will receive Temporary Total Disability (TTD) Benefits, which are paid to injured workers during their recovery period after they suffer an accident or contract an illness that keeps them from fulfilling their employment duties. The amount the worker will receive is two-thirds of their weekly wages.
Q: What Is the Workers’ Compensation Act in North Carolina?
A: The North Carolina Workers’ Compensation Act was signed into law to ensure that all North Carolina businesses that employ at least three employees must retain workers’ compensation insurance for said employees. Exceptions to this act include certain railroad employees, casual employees, domestic servants, farmers with less than ten non-seasonal employees, and federal government employees. Apart from those exceptions, all NC businesses must have workers’ comp insurance in case something happens to their workers.
Q: How Much Does Workers’ Comp Pay in North Carolina?
A: Generally speaking, workers’ comp pay in North Carolina is roughly two-thirds, or 66%, of your weekly earnings. Workers’ comp exists to provide injured workers peace of mind during their recovery period and allow them to recoup some of their lost wages that they otherwise would not be getting. If you are unable to work at all for the foreseeable future, you may qualify for TTD benefits or even permanent disability benefits if your doctor deems you medically unfit.
Reach Out to a Workers’ Comp Lawyer Today
Truck drivers have one of the most difficult and isolated jobs in the country. They are constantly at risk for accidents and chronic illness, but thankfully, they are given workers’ comp benefits in case something ever happens. Unfortunately, there may be cases where their company refuses to pay out, which is where we can assist.
At Bridgman Gantt Law Offices, we can help you fight for your workers’ comp claim and provide you with the assistance you need to develop your case. Contact us to schedule a consultation as soon as you can.
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