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Truck drivers are essential to the economy both in New Jersey and across the country. Truck drivers provide a vital service in keeping goods flowing between manufacturer and consumer. The business of driving a large commercial truck is, however, an extremely dangerous one. If you have been seriously injured working as a truck driver in New Jersey, you may have options for recovering compensation. Team Law is here to help.
At Team Law, our injury lawyers are committed to getting justice for injured workers, whether through the Workers’ Compensation system or a personal injury lawsuit for damages. We have recovered millions of dollars to help get our clients through difficult injuries. Our Workers’ Compensation lawyers are ready to put that proven track record of success to work for you.
Most articles and blogs focus on the rights of accident victims travelling in traditional cars. In reality, truck drivers are just as likely to suffer injuries in an accident—and they are just as likely to be blameless for those injuries.
New Jersey Workers’ Compensation provides medical and wage replacement benefit to truck drivers injured on the job regardless of fault. Even if you were characterized as an independent contractor, you may still have the right to compensation. If you were hurt driving a truck, contact our experienced Workers’ Compensation lawyers to explore your options today.
The most obvious risk to truck drivers who spend extended periods of time on the roads is, of course, motor vehicle accidents. Truck accidents can be catastrophic, if not fatal. If the truck itself rolls over, the driver could sustain brain injuries, spinal cord injuries, loss of limbs, severe burns and more.
However, motor vehicle accidents are not necessarily the most common cause of truck drivers’ injuries. More typical work-related injuries sustained by truck drivers involve:
The timeline for filing a Workers’ Compensation claim typically begins running from the date your injury takes place. However, for truck drivers with occupational injuries or repetitive stress injuries, a two-year window begins to run at the time you learn about the injury.
Truck drivers often face unique complications when trying to claim Workers’ Compensation benefits. Commercial truck drivers are often improperly classified by their employers as independent contractors, meaning that your initial claim for benefits may be denied. However, even owner-operators of commercial trucks in New Jersey may legally be treated as employees of the trucking companies they serve.
Claims can also be denied or delayed because the trucking company challenges whether an occupational injury was really work-related. Employers commonly argue that truck drivers had pre-existing conditions that had nothing to do with their work, rendering them ineligible for Workers’ Compensation.
Proving that working as a truck driver caused your injuries can be complex for someone without legal experience in the field. At Team Law, our experienced lawyers are here to help with these and other difficulties you may encounter. We have the legal skills and resources needed to successfully advocate on your behalf with the insurance companies and defense lawyers that might try to deny your claim.
To learn more about how we can help fight to protect your rights, call for a free case review today.
If you were injured driving a truck, it’s important to speak with an experienced lawyer as soon as possible. You only have a limited period of time to notify your employer of your injuries—as little as 14 days in some cases—in order to preserve your right to Workers’ Compensation benefits.
The extended two-year time period that applies to work injury claims is the actual timeframe for filing your claim or lawsuit.
At Team Law, we offer a free case review so that we can discuss options in your case. To schedule your free, no-obligation consultation with an experienced Workers’ Compensation lawyer, call or contact us online today.
Yes. Many trucking companies try to characterize drivers as independent contractors to avoid liability after a truck accident. Others do so for tax purposes. Most of these characterizations are improper. Under New Jersey law, you should almost always be classified as an employee, meaning you still qualify for Workers’ Compensation. Even if you are properly characterized as an independent contractor, our lawyers can help determine whether you have grounds to pursue a personal injury lawsuit to get compensation for your injuries.
New Jersey bases employment status upon two primary issues:
– Whether the trucking company had to right to direct the timing and manner of your work, as well as the results that you were to accomplish
– The relative nature of the work, meaning whether your services were an integral part of the trucking company’s business and whether you, as truck driver, were economically dependent on the trucking company
Both of these issues require a facts-and-circumstances analysis into your situation. Our lawyers investigate and analyze the facts of your specific case to develop a strong argument in favor of your right to Workers’ Compensation benefits.
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