Workers’ compensation is often the starting point after a truck driver is injured on the job, but it isn’t always the only source of compensation. If someone other than your employer contributed to your injuries, you may also have a third-party personal injury claim, and for serious injuries, that claim often matters more than the workers’ comp benefits. Reach out to our work accident attorneys in Los Angeles for your options after a truck accident.
Some common third-party claims truck drivers might have include those against:
Negligent Drivers
Other motorists cause a large share of trucker injuries. A distracted driver drifting across lanes, a drunk driver, a speeding car that cuts off a large truck, a driver who fails to yield, or a rear-end collision at a stop can all leave a trucker seriously hurt through no fault of their own. In those cases, the at-fault driver and their insurance may be responsible, which is a claim entirely separate from workers’ compensation.
Defective Truck Parts
Some crashes come from the equipment itself being defective, whether it’s brake failures, tire blowouts, steering defects, coupling failures, or other manufacturing defects. When a defective part causes or worsens an injury, the manufacturer can be held liable through a product liability claim. These cases don’t require proving anyone drove carelessly; the defect itself is the basis for liability.
Improper Cargo Loading
Drivers often haul trailers loaded by someone else, and loading mistakes put the driver at risk. Overloaded trailers, shifted cargo, unsecured freight, and improper weight distribution all change how a truck handles and stops, and can cause rollovers, jackknifes, and loss of control. When a cargo loading company’s negligence causes a crash, that company can be held liable for the driver’s injuries.
Unsafe Property Conditions
Not every trucker injury happens on the road. Drivers get hurt at loading docks, warehouses, distribution centers, and customer facilities. This could include slip and falls on unmaintained surfaces, injuries from falling objects, and hazards the property owner should have fixed or warned about. These situations can support a premises liability claim against the owner or operator of the property where the injury occurred.
Government Entities
Some trucker injuries trace back to the road itself, like potholes, crumbling shoulders, missing signage, malfunctioning signals, poorly designed intersections, or construction zones left in dangerous condition. When a hazardous road condition causes a crash, the government entity responsible for designing or maintaining that road may be liable.
These claims follow special rules, including notice requirements with deadlines far shorter than ordinary injury claims, sometimes just months from the date of the crash. If there’s any chance a road condition contributed to your injury, that possibility needs to be evaluated quickly.
Can You Receive Workers’ Compensation and File a Personal Injury Lawsuit?
Yes. Workers’ compensation and a third-party lawsuit are different claims against different defendants, and they can sometimes proceed at the same time. Workers’ comp comes from your employer’s insurance and pays regardless of fault, but its benefits are limited; it covers medical care and a portion of lost wages, and nothing for pain and suffering. A third-party claim against the negligent driver, manufacturer, loader, property owner, or maintenance company can recover the full range of damages, including everything workers’ comp doesn’t pay.
However, if you recover from a third party, the workers’ compensation insurer may have a right to reimbursement for some of what it paid, through what’s known as a lien. That doesn’t mean pursuing both isn’t worthwhile; it almost always is in serious injury cases. But it does mean the claims should be coordinated by an attorney who handles both, so the recovery is structured to leave you with the most possible.
Workers’ compensation may only be part of what you’re entitled to after a trucking injury, and the only way to know is to have every potential claim evaluated. Contact us today for a free consultation and we’ll identify everyone who shares responsibility for your injuries and pursue the full compensation available from each of them.