Options for Injured Truckers in Tampa

The Florida freight system moves about 840 tons of cargo each year. This trillion-dollar industry employs plenty of truckers, but some of these drivers never make it home. Others suffer life-altering injuries while on the job, often losing the ability to earn income forever. If you find yourself in this situation, you might be considering a workers’ compensation claim in Tampa. What are your options after becoming injured as a trucker? How much money could you receive?

Only Employees Can File Workers’ Compensation Claims 

First, you should know that only “employees” are eligible to file workers’ compensation claims in Florida. Various reports state that about 7.5% of truckers are independent “owner-operators.” If you are one of these owner-operators, you may not be classified as an employee – and a workers’ compensation claim may be impossible.

For all other truckers who work for trucking companies as employees, a workers’ comp claim is a legitimate and important step. This form of compensation can cover your medical bills and missed income. It may also cover funeral expenses if your loved one was a trucker who died on the road.

Workers’ Compensation Only Covers Work-Related Injuries 

You should also know that workers’ comp only covers injuries that occur while you were in the middle of work-related duties. For most truckers, this includes driving, conducting inspections, and perhaps making minor repairs. For all other injuries that occur during a haul, you may not be covered by workers’ comp. For example, you might stop at a diner for lunch. If you slip and fall in the parking lot, you may not be able to file a workers’ comp claim. You may, however, file a premises liability claim against the restaurant.

You May Have the Option to File a Car Accident Lawsuit Instead 

Workers’ comp only covers a portion of your missed wages and 100% of your medical bills. It does not cover non-economic damages, and this is only possible if you file a direct personal injury lawsuit. Non-economic damages can be quite lucrative, and it makes sense to pursue them if possible. These include disfigurement, loss of enjoyment of life, and emotional distress.

If you were injured by a negligent driver, it may make more sense to file a claim against them directly. This could potentially allow you to pursue additional compensation for your missed wages – plus non-economic damages (assuming you suffered a serious injury). In these situations, truckers could potentially file both workers’ comp claims and personal injury claims at the same time.

Can a Tampa Workers’ Compensation Lawyer Help Injured Truckers? 

A Tampa workers’ compensation lawyer may be able to help injured truckers. If you were injured on the job, workers’ comp should cover your missed wages and medical bills. If you’re experiencing any issues as you pursue this compensation, consider speaking with The Franco Law Firm. Our experienced attorneys can help you pursue the financial support you deserve.

Sources: 

tripnet.org/reports/freight-florida-news-release-12-05-2023/#:~:text=In%202022%20Florida’s%20freight%20system,and%2058%20percent%20by%20weight.

bts.gov/data-spotlight/counting-transportation-workforce-nearly-1-million-self-employed