WHAT WORK-RELATED TRUCKING INJURIES ARE PROPER IN MISSOURI?
If you sustain trucking injuries while performing work duties for your employer, you may have a worker’s compensation claim.
What activities are covered?
There are 2 common scenarios where truckers sustain injury while over the road:
- Collision on the road, that is while the tractor and/or trailer are operating on the highway, and
- When the truck is at rest, at the loading dock, weigh station, truck stop or rest area.
Both of these may be covered. I have successfully handled injuries where the load shifted causing the tractor and trailer to flip, as well as falling off of the trailer while parked, ready to unload.
Accidents not covered:
Trucking is not always clear, because there are so many different arrangements. For example, driving for the federal government, such as United States Post Office. Federal workers comp laws prohibit lawyers from getting paid any significant amount. The trucker’s best chance there is to consult with the union, as many federal employees are unionized.
Some trucking companies have the truckers sign a contract that declares the driver to be an “independent contractor” consequently, the trucker is not an employee covered by work comp.
Many companies have the owner-operators sign contracts stating work comp insurance will be provided so long as you do not file a claim. Really? Yes! This does not stop me from successfully filing claims for the trucking injuries.
What state is the proper state for the trucker?
This is an interesting topic because there are instances when the trucker has more than one choice. Your claim may be brought in Missouri if:
- Your employer’s main office is anywhere in the State of Missouri; For example, the main office is in Kansas City, Missouri, and you are injured in any state in the union.
- If the last step for your hiring was that after the job was offered to you, you called the Missouri office to accept the job, Missouri is proper. This is true even if your residence is in another state.
- On the flip side, if the trucker called from Missouri to accept the job where the employer was in a different state, Missouri is still on the table as an option.