Can I File for Worker’s Compensation?

In short, no. This is because you are not an employee – you are self-employed and take on work from clients, rather than working as part of one company. This is true even if you lease your truck to one company for long stretches of time. If you own, insure, and maintain your own truck you are an owner operator.

The companies you work with are your clients, not your employers. This makes all the difference in the world when it comes to determining the benefits you are eligible to receive. Nearly every employer in the United States is required to provide workers’ compensation insurance for its employees, which can provide an injured employee with monetary compensation for his or her medical bills and time spent out of work due to an injury sustained on the job. But since you are not an employee, you are not eligible to receive these benefits.

If you are injured in an accident in a truck that you own and operate you may file an occupational accident claim. Many companies provide this type of insurance for truckers, which the drivers have the option to purchase and use in the event of an accident.

Reasons You May NOT Have a Claim

If you caused your accident, you do not have a claim. If the type of accident in which you were involved or the type of injury you suffered is not included in your occupational accident policy, you do not have a claim. Finally, if you have done anything to violate the terms of your policy, including allowing it to expire, you do not have a claim.

Here’s What You CAN Do

If you think you have grounds for an occupational accident claim, contact The Hurt Boss to help you work through the process of filing your claim and seeking compensation. You will need to file an Occupational Accident Claim Form and submit it to the insurance provider to have the claim processed. Your attorney will provide legal advice as you navigate the insurance claim process and negotiate with the insurance provider on your behalf to obtain an adequate sum.

You may also seek compensation for damage to your truck from your motor carrier insurance provider. Motor carrier insurance is the type of insurance that covers commercial vehicles. It is also recommended that you work with an attorney to pursue your motor carrier claim for damage to your truck. Insurance attorneys understand the claims process and can help ensure that you receive an adequate settlement for your damages.

Call The Hurt Boss

In either situation, it is crucial that you work with experienced attorneys to ensure that your claim is processed correctly. This is also true if you are facing a third party liability claim, which is a claim made against a party that contributed to the accident through negligent behavior or recklessness. As a truck driver, there is a perception that your vehicle is a danger to other motorists’ safety. It is crucial for your own protection that you hold all necessary types of insurance and handle all claims swiftly.

To learn more about your rights and legal options as a victim in a trucking accident, call The Hurt Boss at (770) 878-2552 for your free legal consultation with one of the expert attorneys at our firm. Do not wait to begin working on your insurance claim, whether your claim is for your own injury or damage to your truck. The keys to a successful insurance claim are a proactive attitude and a drive to work through the claim process with efficiency.

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