Our Atlanta truck accident lawyers help truck drivers maximize their compensation after on-the-job injuries in Georgia
Georgia has more than 1,248 miles of interstate highway, nearly all of which truckers can be found performing the essential and important task of transporting the products, goods, and equipment our economy needs to thrive.
We salute the hard work and dedication that truck drivers show, which is why our Atlanta workers’ compensation attorneys frequently stand up for injured truckers across the state of Georgia.
Trucking is a dangerous profession. In addition to the increased risk of being involved in a truck accident, Georgia’s semi operators and tractor-trailer drivers also frequently get injured at loading docks, warehouses, rest areas, and many other locations. Many truckers will suffer long-term disability and be forced to rely on workers’ compensation to help see them through.
Unfortunately, the process is not always easy. This is where a Georgia workers’ compensation lawyer can help.
Statistics on truck accidents in the workplace
About 2.2 million people worked as tractor-trailer and 18-wheeler truck drivers in 2023. Many more workers in various industries regularly work alongside heavy-duty trucks. People get injured all the time in truck-related accidents while on the clock. The top industries where such accidents commonly occur include:
- Transportation
- Self-employed workers
- Manufacturing
- Construction
- Wholesale trade and distribution
Truck drivers experience one of the highest rates of injuries and illnesses of all occupations, according to the U.S. Bureau of Labor Statistics. This makes it one of the most dangerous professions in America despite industry regulations on driver hours and federal safety requirements.
Additionally, the Occupational Safety and Health Administration (OSHA) reports that truck drivers suffer more fatalities than workers in any other industry, with more than 75% of these deaths occurring during transportation accidents.
Common causes of work-related trucking injuries
When people think of trucking injuries, they automatically envision terrifying highway accidents. While this is often the case, a trucker’s on-the-job injuries are not limited only to crashes.
For instance, many big rig operators have to load and unload their own freight and may, therefore, be susceptible to back injuries. Others may spend time in a warehouse waiting to be unloaded. In these dangerous environments, they can be subjected to loud noises, chemicals, falling freight, and other hazards.
Truck drivers must constantly be aware of dangerous situations. Unfortunately, many experience violence when they must drive through seedy areas or park in unsecured locations overnight. The FBI reports that there are approximately 35 armored truck robberies in the U.S. each year; however, other trucks are frequently targeted for their freight as well.
In addition, truckers must routinely deal with fatigue and extreme weather conditions. These things make them more vulnerable to experiencing an accident regardless of whether or not they are behind the wheel. For example, they may slip and fall at a truck stop while walking to or from their rig.
Common types of trucking injuries
When truck drivers experience an accident, they could be subject to any of the following injuries:
- Second or third-degree burns
- Traumatic brain injury (TBI)
- Broken bones
- Spinal cord injuries
- Lacerations and cuts
- Muscle strains and sprains
- Concussions or other head injuries
In addition, truckers commonly suffer from occupational illnesses and chronic health conditions 
due to the nature of their job. Such conditions can include:
- Obesity
- Diabetes
- Heart conditions
- High blood pressure (hypertension)
- Sleep apnea
- Musculoskeletal injuries
- Depression
- Carpal tunnel
- Back and neck pain
Challenges of truck job-related injuries
Trucker injuries are sometimes complicated by the fact that they occur far from home. This can sometimes make it more difficult for workers to file claims or obtain medical reports. This, in turn, can slow down a workers’ compensation claim and could even result in the insurance company denying it outright.
Some truckers wait until they have run their usual route to report an injury in order to avoid missing a delivery deadline. Excessive delays can sometimes result in the denial of benefits or affect the amount of benefits they receive.
Professional drivers are under tremendous pressure to remain accident-free. As such, they may sometimes avoid filing a claim because they fear retaliation. Don’t let fear keep you from obtaining the benefits you rightly deserve. Allow a workers’ compensation attorney in Georgia to help you stand up to your employer.
Injured driving a truck across state lines?
Commercial truck accidents are unique because the worker may be from one state but get injured in another. Accident victims commonly wonder where they should file their claims. While each case is different, there are significant benefits to filing a workers’ compensation claim in Georgia:
- Georgia offers lifetime medical treatment at no cost.
- Georgia is not a maximum medical improvement (MMI) state. Benefits cannot be limited just because the doctor says you’re not going to get any better.
- Injured workers receive benefits based on the amount of time out of work, which typically means they receive benefits for a longer period of time. This could be a lifetime for a catastrophic injury.
If you were injured in a truck accident while at work in Georgia or while traveling in a different state for your Georgia-based employer, you should contact the Atlanta truck accident lawyers at Gerber & Elkins Workers’ Compensation Attorneys to learn more about your right to recover workers’ comp benefits.
Filing a workers’ compensation claim in Georgia
If you are injured as a trucker, first seek medical attention and then contact your employer as soon as possible. A supervisor or your company’s human resources department can normally assist you with filing a claim. This will involve completing Form WC-14 and then filing it with Georgia’s State Board of Workers’ Compensation.
Upon filing a claim, your employer’s insurance company will have up to 21 days to investigate your report. They must either approve or deny your claim at the end of that time frame. You will receive a written letter notifying you of the insurance company’s decision.
If your workers’ comp claim is denied, you are eligible to file an appeal. In that case, having an experienced Georgia workers’ compensation lawyer represent you can greatly increase your odds of success. Even if your claim is approved, you may nonetheless desire an attorney to help you navigate the settlement process and calculate the full value of your workplace injury.
Can I sue my employer if I’m injured while driving a truck?
In most cases, no. Workers’ comp is considered an exclusive remedy, meaning that it’s typically the only avenue for injured workers to get compensation from their employer after an injury at work.
While an employee generally cannot sue their employer after a work injury, the tradeoff is that the expenses incurred as a result of a work-related injury or accident, such as lost wages, time off and medical expenses, are all covered under workers’ compensation. This protects the employer from any personal injury claims filed against them and helps the employee quickly receive financial help without having to prove fault.
However, there are some exceptions to the exclusive remedy rule that truck drivers should be aware of in which they may be able to sue a third party (someone other than their employer).
For example, if you were injured in an accident because of a manufacturer’s defect in the truck or because another vehicle hit your truck, you would have the right to seek compensation from that third party through a personal injury lawsuit in addition to collecting workers’ comp benefits from your employer.
Workers’ compensation for owner-operators in Georgia
Not all professional drivers work for a trucking company. Many truckers are self-employed owner-operators and independent contractors. Workers’ compensation for owner-operators in Georgia is not required by law. As a result, many truckers don’t carry insurance.
Even if you have voluntarily elected not to have workers’ compensation coverage as a truck owner-operator, you could still be eligible for workers’ compensation benefits. You may be able to file a third-party personal injury claim against another driver, a business, or the owner of a building where you were hurt.
Don’t give up on collecting damages just because you are self-employed. Contact an experienced lawyer to help you determine your best course of action.
Where can I find a Georgia truck accident attorney near me to help with my workers’ comp claim?
Many workers’ compensation claims are initially denied due to glitches or other technicalities. At Gerber & Elkins, we understand how frustrating it can be to try to manage paperwork, appeals, and medical bills while recovering from your injury.
Our experienced Atlanta workers’ compensation attorneys can identify problems with your claim that might prevent it from being approved so you can get the compensation you’re owed.
We will fight to ensure you receive ALL of your benefits by negotiating a fair settlement or taking your case to court, if necessary. When facing a workers’ comp appeal, our attorneys can also prepare you for a hearing in front of an Administrative Law Judge (ALJ).
References
Heavy and tractor-trailer truck drivers, 2016-2020 : U.S. Bureau of Labor Statistics. (2022, November 17). Bureau of Labor Statistics. https://www.bls.gov/iif/snapshots/osn-heavy-and-tractor-trailer-truck-drivers-2016-20.htm
Trucking Industry – Industry Hazards | Occupational Safety and Health Administration. (n.d.). www.osha.gov. https://www.osha.gov/trucking-industry/hazards
