Georgia Workers’ Compensation Claims for Truck Drivers
Common types of injuries: as a truck driver, you may have hurt yourself:
climbing in or out of your truck
loading the trailer
unloading the trailer
tying down loads
connecting or disconnecting the trailer from the cab
vehicle accident caused by shifting load
vehicle accident due to any other cause (neck, back, broken bone)
loading dock slip and fall
crush injury
carpal tunnel (repetitive motion wrist)
Independent contractor vs. employee issue
Sometimes we find that trucking companies attempt to classify their employees as “independent contractors” in order to avoid workers’ compensation liability.
Reporting Your Injury
When you are injured on the job, you must report that injury immediately to your supervisor. Georgia workers’ compensation law gives you thirty (30) days after you are hurt injury to report your injury to your supervisor, but I recommend that you notify your supervisor as soon as you can - preferably the same day.
Employer/insurers sometimes try to challenge work injury claims that are reported several days after the actual incident by arguing that you may have hurt yourself at home or while off the clock. Therefore, you should report your injury as soon as you can after you are hurt, and you should make note of the time and date of your report and who took that report.
Should you Finish Your Route or Seek Immediate Medical Attention?
When you report your injury, your supervisor may tell you to finish your route and deal with your injury later. Your employer does not want to have to deal with the hassle and expense of sending a replacement driver and truck, or to deal with an unhappy customer.
I would advise you that your main consideration should be your own safety and the safety of your fellow motorists. If you are experiencing significant pain, limitation of movement, loss of strength or side effects from pain medication such that you are not a safe driver, or if your truck is damaged, you should refuse to complete your route.
If you feel that you need back up in responding to your employer’s demand that you drive despite your injury, call my office from wherever you may be - my office number is 770-351-0801.
While your employer’s profits and on-time schedule are important, I believe that your safety and the safety of other drivers is more important and you should not let yourself be pressured to drive long distances when you are not capable of doing so safely.
Does Georgia Law Apply if you are Injured in Another State?
Seeking Medical Care in Another State for a Georgia Work Injury
If you are based in Georgia and you are hurt out of state, Georgia workers’ compensation law applies. Under Georgia law, emergency care at any hospital emergency room is covered and your employer will be responsible for payment. Similarly, if you are injured and unable to get back to Georgia for treatment, your employer will be responsible for providing appropriate medical care.
Medical treatment out of state can be problematic. On one hand, it is unlikely that your employer will have an out of state doctor or clinic on its posted panel. On the other hand, you may find it difficult to find a doctor who will treat you without some assurance from the employer/insurer that he will be paid.
Since your health and the outcome of your workers’ compensation case can depend on the type of medical care you receive and the bias (or lack thereof) of your treating doctor, I think it can be dangerous to trust your H.R. supervisor or an insurance adjustor to choose an out of state doctor for you. This is an area where I may be able to help you because I know and regularly communicate with workers’ compensation lawyers throughout the southeast, and nationally through lawyer organizations.
Injuries When You are at Fault in an Accident Involving Your Truck
I have successfully represented many trucker clients who were injured in truck accidents that were the fault of my client. You may be surprised to learn that your work injury is compensable even if you were at fault in the truck accident. Your supervisor may tell you otherwise, but Georgia law is clear on this point - if you were injured on the clock performing a job duty for the benefit of your employer, fault is not an issue.
Your injury might not be compensable if you were engaged in “horseplay” or driving someplace not authorized, and if you were under the influence of drugs or alcohol, your work injury claim would likely be challenged as well.
Returning to Work too Soon
Because truck driving demands strength, physical flexibility and concentration, you must be very careful not to be pressured into returning to work too soon. I have successfully argued that a “light duty” release to a truck driving job is not valid because I do not see how there could be any “light duty” version of a truck driving job. Even if you were exempted from lifting, you would still need to sit for extended periods of time and twist your upper body. Further, if you are prescribed pain medication or muscle relaxants you would likely experience drowsiness and fatigue as side effects.
Many of my truck driver clients retain me when they are pressured to return to work, but they know in their gut that driving while injured and/or on pain medications is not safe. If you are facing pressure to return to work too soon, I invite you to contact me as well.
