The transportation industry is one of the most dangerous in Vermont. Truckers and other drivers face hazardous weather and dangerous roads, not to mention other motorists who might be fatigued or chemically impaired. If you were injured while driving for a job, you can seek workers’ compensation benefits. You might also have the legal right to sue the person who injured you. Contact Larson & Gallivan Law to discuss your legal rights with aVermont workers’ compensation lawyer.
How Common Are Transportation Industry Accidents?
TheBureau of Labor Statistics collects data on fatal and non-fatal accidents in all 50 states. According to BLS data, Vermont saw:
- 6,900 private industry illness and injuries for 2020.
- 3,700 severe injuries which involved days away from work or job restrictions.
- A severe injury rate of 1.9 cases per 100 full-time workers.
- About 68% of accident victims missed at least one day away from work.
BLS also records data for the transportation industry, but includes it with the trade and utilities industry. In 2020, these industries combined experienced:
- 1,400 total recordable injury cases.
- 600 cases which involved days away from work.
- 300 cases which required a job transfer or restriction.
Transportation had more recordable injuries than even construction and manufacturing, which are themselves dangerous industries. And the number of transportation injuries dwarfed those of industries like professional and business services, as well as leisure and hospitality.
Who Is Covered by Workers’ Compensation?
If you are employed in this industry, then your boss should have purchased workers’ compensation insurance. Common examples of people covered include:
- Truckers
- Logistic workers
- Warehouse workers
- Courier and parcel delivery workers
- UPS, FedEx, and Amazon delivery workers
- Taxi drivers
- Bus drivers
One key limitation is whether you are an independent contractor. Some delivery companies are increasingly turning to independent contractors to fulfill their needs. An independent contractor is usually someone who gets a 1099 at the end of the year and pays their own employment tax. They probably own their delivery vehicle. You are likely not covered by workers’ compensation, although you should reach out to our office.
For example, Uber and Lyft drivers are not employees but independent contractors. You won’t have the right to workers’ comp benefits if you are driving for Uber and get struck while out on the road.
Accidents and Injuries
Transportation workers are hurt in a variety of ways. What matters is if you were working at the time of the accident.
Truck Drivers
A trucker can suffer various injuries in any type of collision or crash, such as rollovers, head-on collisions, and jackknifes. A trucker can suffer:
- Concussions and traumatic brain injuries;
- Whiplash;
- Chest injuries;
- Organ damage;
- Facial injuries.
Workers’ comp benefits are no-fault, so your own negligence can contribute to an accident. Nonetheless, you should be covered if your accident happened while on the job.
Warehouse Workers
Someone working at a loading dock in a warehouse can suffer various injuries:
- Crush injuries when goods fall off the truck or a forklift;
- Traumatic injuries when struck by a forklift;
- Head and neck injuries if the worker falls into the space between the dock and the truck;
- Crush injuries if a truck backs over a worker.
Delivery Drivers/Couriers
A delivery driver can suffer serious injuries either driving the vehicle or when they get out to make a delivery:
- Collisions causing traumatic injuries;
- Slip and falls due to property defects;
- Dog bites leading to puncture wounds, nerve damage, and infection.
Logistics Workers
Even people who work in a transportation company’s office qualify for benefits if they are hurt on the job. A dispatcher tapping away at a computer might suffer:
- Carpal tunnel or other repetitive motion injuries;
- Neck or back injuries;
- Slip and falls when coming into work.
Call our office to speak with a Vermont workers’ compensation lawyer about your case. We can review if your injuries qualify for benefits to cover the cost of medical care. You might also qualify for wage loss benefits if you cannot work.
Can You Sue for Compensation?
Workers’ compensation is usually the sole remedy a worker has against their employer. In other words, an employer who purchases workers’ comp insurance can’t be sued by the employee.
However, you might be able to sue someone else for a transportation-related injury:
- Careless and reckless motorists who crash into you or force your delivery vehicle off the road. You can sue them for compensation to cover medical bills and all lost wages.
- Property owners for failing to keep the premises safe. You might slip and fall on an icy driveway or trip over a hazard on a porch. You might have a premises liability claim against the owner for failing to fix or warn of a hazard.
- Dog owners. Did a dog attack you or bite you? Then you might sue for compensation.
These lawsuits are a good way of increasing what a worker receives above and beyond benefits provided by workers’ compensation. For example, workers’ comp pays at most 2/3 of your average weekly wages if you cannot work. With a lawsuit, you can seek 100%.
Similarly, workers’ compensation pays out nothing for pain and suffering or mental distress. Getting attacked by a dog can lead to chronic pain and post-traumatic stress disorder. We can seek financial compensation for any bodily distress, loss of enjoyment of life, and pain. Compensation for these general damages could make up the bulk of any settlement.
Finally, independent contractors might have no choice but to file a lawsuit of this type, since they don’t qualify for workers’ compensation benefits.
We Stand Up for Injured Workers
Larson & Gallivan Law has helped workers in all sorts of industries, and we are proud to help injured men and women seek benefits. We can also review if you have a right to file a lawsuit against someone for negligence. Call us today to schedule a consultation. We can jump in and help anyone whose workers’ compensation claim was recently denied, or we can handle everything from the start if you were recently injured.