Semi-Truck Accident Could Lead to A Worker’s Comp Claim

Posted on December 20th, 2012 by Bradley Dworkin

Is there going to be a Worker’s Comp Claim because of this? On June 20, two semi-trucks collided on Interstate 80/94 before 3 A.M. The drivers were attempting to avoid hitting a police car that pulled over a drunk-driver, and they hit one another. The driver of one of the cars was pinned inside the cabin of the semi, and had to be cut out of the truck in order to save his life. In the process, doctors had to amputate one of his legs at the calf to help free him from the truck. That was a real-life example of a horrific accident that can occur in the course of doing your job.

Semi-truck drivers conduct the majority of their work on the roads, and so, when they are injured while driving their trucks, they are entitled to worker’s compensation benefits, just like any other injury that can occur in the workplace. Whether it is a lower-back injury or a horrendous collision like the one that the semi-truck driver experienced, workplace accidents that result in injuries have a remedy in Worker’s Compensation benefits.

Worker’s Comp Claim…

The key factors of any Worker’s Comp claim are (1) accidental injury, (2) in the workplace, (3) that results in either a temporary or permanent condition that prevents the worker from doing the same job. Taking the incident above, that driver lost his leg, and will likely never be able to drive again. Therefore, his workplace injury led to a permanent disability that will make it impossible for him to conduct the same work again. His benefits would be different from someone who injured their back lifting boxes at work, who through treatment could return to full work capability. Both could receive Worker’s Comp benefits, but one would end up receiving benefits that would be commensurate with a permanent disability.

With any workplace injury, you should always consult a lawyer to know how to best make your claim and ensure that you receive the full benefits that you may be entitled to.

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