Truck drivers are vital to Wisconsin’s economy, but the job comes with considerable risks. Long hours, heavy loads, and unpredictable road conditions make injuries far too common. When an accident or injury occurs, many drivers aren’t sure what rights they have. If you’ve been injured on the job, consult an experienced attorney, such as Craig Steger, to learn about the rights of injured truck drivers in Wisconsin and how you can pursue compensation for your losses.
What Rights Do Injured Truckers Have?
Many truck drivers injured on the job have the right to financial and medical support through workers’ compensation insurance, depending on their employment status. If you’re a direct employee, you can receive compensation benefits, regardless of who caused the accident, as long as the injury occurred while you were performing your job duties.
If you aren’t a direct employee and are considered a contractor, you can file a personal injury claim against the trucking company as well as the other liable parties. With 114,000 injury-causing truck accidents in 2022, it’s essential to understand that you have rights and legal protections if you’re hurt in a truck collision.
Workers’ Compensation Benefits for Truckers
Truck drivers are generally covered by workers’ compensation benefits for injuries sustained while on the job if they’re direct employees. This system provides benefits regardless of fault, meaning you don’t have to prove anyone’s wrongdoing to qualify in Wisconsin.
Workers’ comp typically pays for medical treatment, including hospital visits, surgery, medication, and rehab. It also provides wage replacement benefits if your injury keeps you out of work. In serious cases, you could even receive disability benefits. If the driver cannot ever return to their position, workers’ compensation may also pay for vocational rehabilitation.
Filing Claims Beyond Workers’ Comp
For independent contractors, you have legal options beyond workers’ compensation to recover damages for your losses following an accident. In these cases, you’d have to file a third-party personal injury claim against the negligent parties. These can include:
- Other drivers
- The trucking company that controlled dispatch or loading
- A maintenance provider
- A manufacturer of defective equipment
These claims allow you to pursue compensation for;
- Medical expenses
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
It’s important to work with a truck accident attorney to fully understand the value of your case and your options for pursuing compensation. Your lawyer can collect proof of your losses and evidence of liability. Then, they can work to hold all negligent parties accountable for their part in your accident.
Why Choose Craig Steger?
When you choose Craig Steger, you’re partnering with an attorney who has over two decades of experience in handling truck accident claims on behalf of drivers and their families. He is deeply familiar with the challenges truck drivers face on a daily basis. Holding a Class A Commercial Driver’s License, he has experience behind the wheel of large trucks. This insight helps him stay focused on his clients’ needs and keeps him motivated when pursuing the compensation they deserve.
With experience in both federal and state courts, you can rely on Craig Steger to represent your interests. He’s not afraid of standing up to insurers or large companies, whether in settlement negotiations or courtroom arguments. He doesn’t back down, no matter who he’s up against.
FAQs
What Is the Pain and Suffering Cap in Wisconsin?
Wisconsin typically doesn’t place a cap on pain and suffering in injured truck driver cases. However, there could be caps in specific cases, such as those involving government entities as defendants. That said, pain and suffering won’t factor into your case at all if you’re pursuing a workers’ compensation claim. For workers’ comp, you receive benefits directly from your employer’s insurance. You won’t have to prove fault, but part of that trade-off is that you can’t recover non-economic damages.
What Happens If You Get in an Accident as a Truck Driver?
If you get in an accident as a truck driver, the first things you should do are seek medical attention and report the crash. This may trigger an internal safety review, and it might involve law enforcement and federal reporting requirements. Depending on your employment status, you could qualify for workers’ compensation. Otherwise, you’ll have to file a third-party claim to recover damages. Furthermore, you could be investigated by the FMCSA.
What Are the Four Categories of Injuries?
The four main categories of injuries are acute, chronic, overuse, and catastrophic. Acute injuries happen suddenly, such as fractures, cuts, or sprains, caused by an accident. Chronic injuries develop over time due to repeated stress, like tendonitis or back pain. Overuse injuries occur due to repetitive motion without proper rest. Catastrophic injuries are severe, life-altering conditions. Understanding these injuries and identifying which of them you’ve suffered is imperative to your case.
How Long After an Accident Can You Still File a Claim?
After an accident, you generally have three years to file a third-party claim for compensation. Missing this deadline could mean you’ll be barred from recovering compensation. However, in workers’ compensation cases, the deadline to file a claim is six years. Work with a Wisconsin injured truck driver attorney to understand which deadline applies to your case and what you need to do to make sure you don’t miss it.
Hire an Injured Truck Driver Lawyer
If you’re a trucker who’s been injured on the job, it’s important to know that you have rights to compensation for your losses. Hire an injured truck driver lawyer to receive dedicated legal support as you pursue damages. Craig Steger can put his experience and knowledge to use for you, advising you of your legal options, gathering evidence for your claim, and representing you throughout your case. He knows how important compensation can be to you and your family.
Contact Craig Steger today to discuss your case and learn more about our legal services. Wisconsin’s injured truck driver laws can be hard to navigate on your own. Luckily, you can turn to an experienced lawyer, like Craig Steger, for help.
