If you drive a commercial truck for a living, it’s crucial to know what you can do if you are injured in an accident while driving for work. While workers’ compensation may be available to a truck driver, a workers’ comp third-party lawsuit in Wisconsin can significantly increase the total compensation you receive after an accident if you are eligible to file one. An experienced Wisconsin truck accident attorney can help you understand all of your legal options.
Understanding Workers’ Compensation for Wisconsin Truck Drivers
In Wisconsin, almost every private employer is legally required to have workers’ compensation insurance. When an employee is hurt on the job, this insurance can pay for their medical bills and provide disability benefits while they recover, compensating them for the income they are unable to earn because of their injury. Truck drivers have an inherently dangerous job, and they may be hurt in accidents or develop repetitive stress injuries from performing their job duties.
Workers’ compensation in Wisconsin functions on a no-fault basis, and this insurance protects an employer from civil liability for their injured employee’s damages. This means that if you are hurt on the job as a truck driver, you cannot sue your employer for the injury, except under very specific conditions.
Your employer must facilitate your workers’ compensation claim in good faith, but the benefits you receive from a successful claim may be limited. A successful workers’ compensation claim in Wisconsin may cover all of your medical expenses after the accident, but you can only expect to receive a portion of your lost wages in disability benefits. Additionally, workers’ compensation insurance in Wisconsin does not pay for pain and suffering, even for serious injuries.
However, if any party outside of your work caused your accident, then you may not only qualify to file a workers’ compensation claim through your employer, but also file a third-party personal injury claim against the party responsible for injuring you. If this applies to your case, your third-party lawsuit may yield compensation for damages that workers’ compensation insurance will not cover.
Filing a Truck Driver Workers’ Comp Third-Party Lawsuit in Wisconsin
In Wisconsin, vehicle accident cases are resolved based on fault. If you are injured in any accident because of the actions of another driver, you have the right to pursue compensation for the damages you suffered. To do so, you first need evidence that proves the other party is directly responsible for causing the accident in question.
Truck accidents often occur for the same reasons as many other vehicle accidents in Wisconsin. Speeding, distracted driving, moving violations, and intoxicated driving are just a few ways drivers can cause serious accidents, harming themselves and others around them. However, truck drivers are also vulnerable to risk factors unique to their job duties and industry, including a Truck Accident, Farm Accident, or other incidents involving an Injured Truck Driver.
A commercial truck accident may have resulted from a trucking company’s failure to follow industry regulations. It is also possible for a distributor or other party to be found liable for an accident if they packed the truck incorrectly, causing it to be off-balance.
If a mechanic failed to perform maintenance correctly, they may be found liable for an accident resulting from a mechanical defect in the truck. It’s also possible for a vehicle or parts manufacturer to be found liable for an accident if a defect in their product is found to have caused the accident. This would form grounds for a third-party lawsuit under product liability law.
Some truck driver workers’ comp third-party lawsuits in Wisconsin involve other motorists whose negligence caused the truck driver to crash. However your accident happened, you need to hire a truck accident lawyer with proven experience to gather crucial evidence as swiftly as possible, identify the party or parties liable for the accident, and guide you through your case proceedings efficiently. This may include cases involving an Underride Accident or Car Accident.
Why You Need to Hire a Trusted Truck Accident Lawyer
In 2025, the Wisconsin Department of Transportation recorded 7,164 large truck crashes statewide resulting in 56 fatalities and 1,462 injuries. Statistically, the occupants of smaller motor vehicles involved in large truck crashes are most likely to suffer the worst of the resulting injuries in these accidents. The National Safety Council reported that in 2024, about 70% of fatal truck accident victims nationwide were occupants of smaller vehicles.
While anyone has the right to pursue compensation for their damages after an accident caused by another party, a truck driver is likely to face a more challenging series of legal proceedings if they have grounds to file both a workers’ compensation claim and a third-party personal injury claim.
After you report the accident to your employer, your attorney can help you start the workers’ compensation claim-filing process. As part of this process, you will likely need to undergo a medical evaluation from a workers’ compensation doctor who will assess your remaining functional capacity to work and assign you a disability rating. This rating will determine how much you can receive in disability benefits.
If your claim is approved, workers’ compensation insurance can cover all of your medical expenses related to your accident and provide ongoing disability benefits while you are unable to work. These weekly benefits will be paid as a percentage of your average weekly wage. If you have grounds to file a third-party personal injury lawsuit, then you may be able to recover compensation for the remainder of your lost income as well as your pain and suffering.
Your Wisconsin truck accident attorney will be an invaluable asset not only for helping you navigate the workers’ compensation claim-filing process, but also with building your third-party personal injury claim. Workers’ compensation may function on a no-fault basis, but success with any personal injury case in Wisconsin requires proving that a defendant is directly responsible for injuring you, and you must be ready to prove the full extent of your damages.
Craig Steger has extensive experience handling truck accident claims for clients throughout Wisconsin. Many of these cases require thorough investigation into an employer’s regulatory compliance as well as the mechanical details of how the accident happened. Our team is confident we can help you build a comprehensive case, so reach out to us today to learn how we can help with your truck driver workers’ comp third-party lawsuit in Wisconsin.
FAQs
Does Workers’ Compensation Insurance Pay for Pain and Suffering?
No, workers’ compensation insurance does not pay for pain and suffering, even if you suffered a catastrophic and permanently disabling injury. Your workers’ compensation claim can yield medical expense coverage and disability benefits while you are unable to work, but the only way to receive pain and suffering compensation after your accident would be filing a third-party personal injury case against the specific party responsible for causing the accident.
How Do You Prove Fault in a Third-Party Personal Injury Case for a Truck Accident?
To prove fault in a third-party personal injury case for a truck accident, you will need evidence that proves another party’s negligence or misconduct directly caused your accident. The evidence you may need could include the police report from the crash, witness testimony from other drivers, vehicle black-box data, trucking company documentation, and physical evidence from the scene of the crash.
What Is a Third-Party Personal Injury Case Worth in Wisconsin?
In Wisconsin, the value of a third-party personal injury case largely depends on the severity of the injuries you suffered in the accident. Once you have established liability, your Wisconsin truck accident attorney can help you prove the full extent of the damages you suffered, and you can claim compensation for any losses not covered by workers’ compensation insurance. Your attorney can provide an estimate of the full potential value of your third-party claim.
Can You Be Fired While on Workers’ Comp in Wisconsin?
Yes, you can be fired while on workers’ comp in Wisconsin, but your injury or your workers’ compensation claim are not legal reasons for your employer to fire you. If they have a legitimate business reason to fire you and this firing complies with at-will employment law, you can be legally terminated from your job while on workers’ compensation. However, this should not negatively affect your workers’ compensation benefits in any way.
Why Should I Hire an Honest Truck Accident Lawyer for a Third-Party Personal Injury Claim?
You should hire a truck accident lawyer for your third-party personal injury claim because you need an experienced attorney on your side to have a better chance of reaching a favorable outcome in both this claim and your workers’ compensation claim through your employer. Your Wisconsin truck accident attorney can guide you through the workers’ compensation claim-filing process, and they can also help you build a successful personal injury suit against the specific defendant responsible for causing your accident.
The aftermath of a truck accident in Wisconsin can be uncertain and traumatic, and you’re likely to have many difficult legal questions that only a skilled attorney can answer. Craig Steger has an extensive record of more than 20 years of success with difficult truck accident cases and can leverage this experience in your truck driver workers’ comp third-party lawsuit in Wisconsin. Contact us today to schedule a consultation with a Wisconsin truck accident attorney.
