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Charlotte Truck Driver Workers’ Compensation Lawyer
Charlotte Truck Driver Workers’ Compensation Attorney
Around 150,000 automobile accidents every year involve large commercial trucks. While tractor-trailer drivers are trained to be exceptionally cautious on the roads, accidents involving these large vehicles are much more likely to cause serious bodily injury or death to anyone involved in these collisions. When an injury does occur, the truck driver can rely on the services of a Charlotte truck driver workers’ compensation lawyer.
Workers’ compensation companies are notorious for withholding benefits from deserving truck drivers. Let Bridgman Gantt Law Offices fight on your behalf for the compensation and medical benefits you are entitled to.
Physical Injuries That Can Result from Driving a Truck
Trucking is a critical job for the U.S. economy, but the work can take a toll on the body. Our law firm regularly helps clients who come from the trucking profession. When work-related injuries lead truckers to seek medical treatment or time off work, they often rely on workers’ compensation benefits.
Many times, the companies that manage Charlotte workers’ compensation benefits will fight legitimate claims. When they do, having an experienced lawyer in your corner can greatly improve the chances that your claim will be properly handled. Here are some of the more common trucker-related cases we handle.
Collisions with Other Vehicles
Not every accident involving a tractor-trailer in Charlotte is caused by a commercial driver. Large vehicles do not brake as quickly as sedans, which can leave large trucks at the mercy of other drivers. Truck drivers could receive laceration injuries from an auto accident. Sharp objects and debris can leave cuts in the skin.
Internal bleeding is a common injury that can result from severe crashes. Internal injuries can include trauma to the liver, kidney, pancreas, or other organs. Any internal trauma is difficult to treat and may require surgery.
Back and Shoulder Injury from Loading Gear
Although truck drivers have crews to handle loading and off-loading cargo, there are many situations where a driver may need to lift a heavy object or load gear into the truck. Overexertion or any sudden shift in the gear could lead to a torn ligament, sprained muscle, or another back or shoulder injury. Muscle tears and injuries require several weeks or even months of rest and recovery. During that time, you may be entitled to workers’ compensation.
Chronic Back and Joint Pain
More than many professions, truck drivers are required to sit upright for many hours at a time. The consistent weight on the spine can degrade parts of the spinal column and lead to chronic back pain. Whether those work-related injuries require spinal fusion surgery or regular physical therapy sessions, those expenses should not cost you personally.
Workers’ compensation programs are intended to cover medical treatments for work-related injuries and for paid time off as employees recover from their injuries. When those payments are delayed or obstructed, a workers’ compensation attorney can fight for what is rightfully yours.
Slip-and-Fall Accidents
While many people may assume car accidents in Charlotte are the leading cause of injuries to truck drivers, slips and falls cause the most injuries to truck drivers in any given year. One reason is due to slick floors or icy conditions. When getting out of their truck, a driver may not see oil spills, ice, water, or other conditions that can lead to an unexpected fall. In the rush of loading and unloading cargo and ensuring that everything is safely secured, it can be easy to overlook the conditions of the ground.
Related to slip or fall accidents are injuries resulting from the driver leaving the cab. Drivers enter and leave their cabs sometimes dozens of times per day. If they fail to follow safety protocols even once, a spill could lead to serious injury. Back injuries are a serious possible consequence of this type of accident.
Truck drivers are necessarily around all types of equipment. Forklifts and dollies should be carefully secured and stored when not in use, but workers do not always follow these safety protocols. This can lead a truck driver to slip or fall due to the unexpected obstruction.
Poor lighting can contribute to these types of accidents because truck drivers often work at all hours of the day. These types of accidents can lead to minor or severe injuries. Traumatic brain injuries, fractured bones, and lacerations can lead to a trip to the emergency room.
Carpal Tunnel Syndrome
The small tunnel found in the wrist that houses the median nerve is known as the carpal tunnel. Repetitive movements associated with truck driving can cause the passageway to narrow. This can result in carpal tunnel syndrome. The condition results in pressure on the median nerve and the blood supply that reaches the fingers. The syndrome can make driving dangerous, and the symptoms will only progress if left untreated.
If you experience symptoms of this condition due to your work-related tasks, you may be entitled to benefits from your company’s workers’ compensation program.
What Can a Workers’ Compensation Attorney Do for Me?
A workers’ compensation attorney helps clients maximize the benefits they receive. The legal professionals help victims of workplace injury by facilitating communications between insurance staff and medical professionals. The attorneys also help clients fill out critical paperwork and clarify often confusing legal jargon.
Your lawyer will know if the workers’ compensation adjuster is trying to shortchange you. The adjuster may not always have your interests in mind, which is why having dedicated legal counsel can be such an important asset. One of the main benefits of having legal representation is the ability to focus on your recovery.
To ensure you have the resources to fully recover, seek legal counsel with experience handling your type of claim.
Deciding if You Should Accept Settlement Offers
Accepting a settlement offer is an attractive offer for many injured workers. A lump-sum offer provides peace of mind and the opportunity to pay your medical bills. Accepting a settlement is not always the right long-term option. It may limit your options if you want to pursue future compensation. You also have to consider whether the settlement offer is reasonable or fair. Remember, insurance companies want to maximize benefits. This often comes at the expense of your payout.
Any employee who has been offered a settlement should contact a workers’ compensation attorney who can negotiate a fair settlement on their behalf. You are under no obligation to accept a settlement, and you have the right to reject the offer. Both parties are under no obligation to settle claims.
FAQs
Q: How Is a Workers’ Comp Settlement Calculated in North Carolina?
A: Your workers’ comp settlement is calculated in North Carolina by the two-thirds rule. Your personal injury lawyer will first calculate the average weekly wage of your job. They will determine what two-thirds of that wage would be. Workers in North Carolina who have a claim for workers’ compensation have a right to this portion of their weekly wages.
Q: What Is the Workers’ Compensation Act in North Carolina?
A: The Workers’ Compensation Act in North Carolina mandates that any business that has three or more employees must obtain workers’ compensation insurance for the benefit of their workers. There are certain exceptions to the act that allow certain domestic workers and LLCs to claim an exception to this law.
Q: Who Is Exempt from Workers’ Comp in North Carolina?
A: Businesses with fewer than three employees are exempt from workers’ comp in North Carolina. Under the Workers’ Compensation Act, certain domestic servants and farm laborers are exempt from being counted as employees. Sole proprietor businesses and members of LLCs are not counted as employees under the act.
Q: How Long Do You Have to File a Workers’ Comp Claim in North Carolina?
A: You have two years to file a workers’ compensation claim in North Carolina. Ideally, an injured worker should file their claim as soon as reasonably possible. Any claim filed after the statute of limitation will not be heard by the courts. If you are nearing the two-year mark, schedule a consultation with a personal injury lawyer to see if you can still claim benefits.
Q: How Do I Know if My Settlement Offer Is Fair?
A: You know your settlement offer is fair when the offer considers the severity of your illness or injury. The policyholders may also factor in your age, impairment rating, cost of future medical treatment, duration of potential benefits, and calculations of your decreased earning capacity. The process can be complex, which is why legal counsel can improve your chances of a fair settlement offer.
Schedule Your Workers’ Compensation Consultation Today
Even a seemingly minor injury can distract truck drivers from the road and their work. Workers’ compensation benefits are there to provide resources for you to fully recover so you can return ready to perform. Don’t let a workers’ comp rejection letter or other setback keep you from the benefits that are rightfully yours. Contact our office today to schedule your workers’ compensation consultation so we can discuss the details of your case.
