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Can Truck Drivers File for Workers' Compensation?

Can Truck Drivers File for Workers' Compensation?

Can truck drivers file workers' compensation claims? What are the rules for filing a claim in Kansas following a large truck accident? Many truck drivers can qualify for workers' compensation following an accident. Since Kansas is a "no fault" state in regard to workers' compensation, it does not matter whether the driver caused the accident.

Big Rig Accidents, Fatalities, and Injuries

In 2017, the number of fatal accidents involving large trucks and buses increased by 8% from 2016. In all, 4,889 large trucks and buses were involved in a fatal collision. Also in 2017, 116,000 large truck and bus accidents resulted in serious personal injuries. This was a 4% increase over 2016.

Truck driving is one of the most dangerous jobs in America. In 2017, 840 truck drivers died in large truck accidents, making it the most dangerous job in the country. Of course, not every accident is fatal. Truck drivers can suffer any number of personal injuries. Nearly 50% of truck drivers suffer strains and sprains, while many others suffer bruises, bone fractures, repetitive trauma, overexertion, object strikes, falls from height, falls from the same level, electrocution, and more.

The Importance of Employment Status

Truck drivers who are independent contractors may not be eligible to file a state workers' compensation claim. However, many drivers purchase an independent insurance policy. This covers them for work-related injuries.

Many truck drivers are classified as owner/operators. Similar to independent contractors, many carry occupational insurance policies that cover work-related accidents.

Finally, drivers who are classified as employees are eligible to file a state workers' compensation claim. These drivers may file a claim regardless of who or what caused the accident.

Deadlines for Filing Workers' Compensation Claims

Individuals are required to report the accident to their employer within 20 calendar days. Kansas statutes require individuals to file a workers' compensation claim within two years of the date of injury. These deadlines are set in stone and failing to adhere to them can result in denial of the claim. Because these requirements are rigid, it is important to discuss your injury with a big rig accident lawyer as soon as possible.

Workers' Compensation Benefits in Kansas

Kansas workers' compensation system offers payments for:

  • Temporary disability benefits
  • Permanent total disability
  • Permanent partial disability

Benefits individuals can receive include reasonable and necessary medical treatment, mileage reimbursement to attend doctor's appointments, vocational rehabilitation, and death and funeral expenses. Your big rig accident lawyer can go over these with you and discuss the maximum benefits you can pursue based on your claim.

Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400 to speak with a big rig accident lawyer. We represent clients pursuing personal injury and workers' compensation claims in Kansas, Nebraska, Oklahoma, Missouri, or Texas. We give emergency legal consultations on weekends, holidays and at night. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.