Truck driving is one of the most demanding and high-risk professions, with long hours on the road, heavy lifting, and the constant pressure of meeting delivery schedules. Unfortunately, these conditions often lead to workplace injuries that can have life-long effects on the injured person and their families. And, while the government offers a lifeline in the form of workers’ compensation insurance for truck drivers in Georgia, navigating the system can feel overwhelming—especially when you’re focused on recovering from an injury.
That’s why our Georgia workers’ comp attorneys are here to explore how workers’ compensation works for truck drivers and provide actionable steps to help protect your rights after an injury.
How Workers’ Compensation Works in Georgia
In Georgia, any company with three or more employees is required to carry workers’ compensation insurance. Unlike standard personal injury claims, where you must prove the other party acted in a negligent manner, workers’ comp is a no-fault system, which means you don’t have to prove your employer was responsible for your injury to receive benefits.
But to get the benefits you need to weather this storm, you must understand how it all works. Let’s take a look.
What Benefits Are Available to Injured Truck Drivers?
The worker’s comp system is designed to help you get back on your feet after a work-related injury. Injured truck drivers may be entitled to these types of benefits:
- Medical Care: This can include doctors’ visits, surgeries, physical therapy, and medications to treat your injury. For serious or ongoing conditions, future medical expenses are also covered.
- Weekly Income Benefits: If your injury temporarily keeps you from working, you may qualify for Temporary Total Disability (TTD) benefits, typically two-thirds of your average weekly wage, up to Georgia’s maximum limit.
- Vocational Rehabilitation: If you can’t safely return to driving, workers’ comp may fund training for a new career path.
- Permanent Disability Benefits: Lasting impairments from your injury can qualify you for additional compensation, determined by how the disability affects your ability to work.
Available benefits vary based on your circumstances, so it’s important to talk with an experienced workers’ compensation attorney to determine your rights.
When Are Truck Driving Accidents Considered Work Injuries?
Not every injury sustained by a truck driver qualifies as a work-related injury under Georgia workers’ compensation laws. Determining whether an accident is covered often depends on whether it occurred during the scope of your employment. Let’s take a look at when truck driving accidents are—and aren’t—considered work injuries.
Covered Incidents
Truck driving isn’t your standard 9-5 job where you operate within strict confines. Drivers often face unique situations on the job, and injuries that occur during work-related activities are typically covered under Georgia workers’ compensation laws. Here are some examples of activities that may qualify for coverage:
- Accidents that happen while driving to a delivery, loading cargo, or performing maintenance on a company rig.
- Injuries during mandatory rest stops if they don’t violate work policies or fall outside of your work responsibilities.
- Activities that your employer requests, even if they call a little outside your routine duties.
If your accident falls within these categories, it is likely considered work-related, making you eligible for workers’ compensation benefits.
Excluded Incidents
As you may have guessed, not all injuries sustained by truck drivers are considered work-related under Georgia workers’ compensation laws. Some incidents may be considered “outside the scope of employment” and, therefore may not qualify for benefits. These can include:
- Detours or errands unrelated to your job.
- Injuries caused by actions like drunk or drugged driving or other activities in violation of the law or company policies.
- Accidents occurring outside of work hours or responsibilities.
If you’re unsure whether your injury qualifies, talking to a workers’ compensation attorney help you get clarity.
Steps for Filing a Workers’ Compensation Claim
Filing a workers’ compensation claim after a truck driving injury in Georgia may seem confusing, but following these simple steps will help protect your rights and ensure you receive the benefits you deserve. Here’s what you need to do:
- Report the Injury: Let your employer know about the injury as soon as you can, but no later than 30 days after the accident.
- See a doctor: You can see the doctor of your choosing, but you may also need to see a doctor from your employer’s authorized list of medical providers to ensure your treatment complies with workers’ comp requirements.
- File your workers’ comp claim: Your employer will have paperwork you’ll need to complete for their insurance carrier to start the claims process. Be as thorough and accurate as possible to avoid delays or denials.
- Respond to Denials: It’s not uncommon for claims to be denied. If your claim is denied, don’t worry–you have the right to appeal.
Promptly taking these steps can make a big difference in the outcome of your case, and if you need guidance at any stage, Parsons Law Group is here to help you through the process and secure the compensation you deserve. Contact us today for a consultation.