Can I File a Workers' Comp Claim as a Truck Driver in Ohio?

In Ohio, truck drivers face many occupational hazards, including the potential for accidents on the road and repetitive stress injuries. When these injuries occur on the job, many drivers wonder if they can file a claim for workers' compensation.

In most cases, the answer is 'yes,' however, there are several things to keep in mind, and as a truck driver, filing for a claim can be more confusing than it first seems.

Are Truck Drivers Eligible for Workers’ Compensation in Ohio?

Most employees in the state—including truck drivers—are covered under Ohio's Bureau of Workers' Compensation, or BWC.

This is similar to an insurance policy that is designed to provide medical benefits and recover lost wages for those who have become injured while on the job, regardless of who is at fault.

Most truck drivers, from local delivery drivers to those who work for a local trucking company, are eligible for benefits in the following situations:

• They are an actual employee, and not a self-employed independent contractor,

• They have sustained an illness or injury requiring medical treatment while on the job,

• The employer is covered by the state's workers' compensation insurance program

Common Injuries Among Truck Drivers

Truck driving is a physically demanding job, and there are many opportunities for injury. A top-rated workers comp lawyer in Columbus might give may advise further. Some of the most common injuries seen in truck drivers include the following:

• Motor vehicle accidents - Accidents on the road may occur, and these are the leading cause of injury. Even if the other driver was at fault, medical bills are usually covered by workers compensation.

• Repetitive stress injuries - Conditions like back pain or carpal tunnel syndrome are also covered, and truck drivers can receive benefits after the Ohio BWC claim is approved.

• Slips, trips, and falls - These injuries are common when loading or unloading the truck, or during refueling and inspections.

• Lifting injuries - Lifting heavy equipment and cargo may lead to sprains and strains, for example, which also fall under workers compensation benefits.

• Exposure to harmful substances - Chemicals, diesel fumes, or poor cabin air quality can lead to injury or illness, too.

• Mental health injuries - Stress, isolation, and long hours driving can take a toll on the mental health of a truck driver.

Steps to Take After a Truck Driving Injury in Ohio

If a truck driver suffers from a work-related injury or illness, it's very important to start the process as soon as possible. Here are steps to take:

1. Report the truck injury to the employer as soon as possible. A delay can cause denials or disputes.

2. Get medical attention from a doctor certified by the Ohio BWC. In an emergency, any provider can care for the injured driver.

3. File a First Report of Injury (FROI), which begins the workers compensation claim process. It can be filed by the injured worker or on behalf of the worker by an employer or medical professional.

4. Monitor the claim to see what's happening. The BWC will review the claim, medical records, employer reports, and witness statements to determine if it should be approved.

5. Contact a workers compensation attorney from Larrimer & Larrimer if there are disputes or denials.

   
   

Employee vs. Independent Contractor: A Crucial Distinction

One major obstacle that some driver face when they try to make a claim is how their employment is classified. In Ohio, workers compensation benefits generally only apply to employees, and not independent contractors. Our team can share details on workers' compensation for minors in Ohio.

Some companies purposely misclassify a driver as a contractor to avoid paying for benefits. If the driver is, indeed, an employee, they still may be eligible for workers comp. If the employee is actually an independent contractor, they can purchase coverage for themselves or pay the cost of injuries with personal insurance or other methods.

What Benefits Are Available?

Truck drivers approved for workers’ compensation in Ohio may be eligible for several benefits, including:

• Medical benefits: All necessary and related medical care, including surgery, rehabilitation, and medication.

• Temporary Total Disability (TTD): Wage replacement if the driver is unable to work during their recovery.

• Permanent Partial Disability (PPD): Compensation for long-term injuries that result in partial loss of function and inability to do the current job.

• Permanent Total Disability (PTD): Lifetime benefits if the driver is permanently unable to return to any form of employment.

• Vocational rehabilitation: Services to help injured drivers transition into new roles if they cannot resume their previous job as a driver.

• Death benefits: Provided to surviving dependents if the injury results in a fatality.

Denied Claims and the Appeals Process

Unfortunately, not all claims are approved. If a truck driver’s claim is denied, they have the right to appeal the decision through the Industrial Commission of Ohio. This process involves:

1. Filing a written appeal within 14 days of receiving the denial.

2. Attending a hearing before a district hearing officer.

3. Presenting medical records, witness testimony, and other evidence.

Having an experienced legal team like Larrimer & Larrimer can significantly improve the outcome of the appeal. Attorneys can collect evidence, work with medical experts, and represent the injured driver throughout the hearing process. They can also help with questions like What is Foreign Voluntary Workers' Compensation (FVWC)?

Why Legal Representation Matters

The process of filing a workers’ compensation claim can be complicated. Larrimer & Larrimer has served Ohio’s injured workers for decades and is highly experienced in handling complex cases involving truck drivers. The legal team ensures that injured workers receive the full compensation they deserve, from the initial filing to the appeals process.

Can I File a Workers' Comp Claim as a Truck Driver in Ohio? Yes, in Most Cases

Truck drivers in Ohio are eligible to file for workers’ compensation if they are injured on the job as long as they meet eligibility requirements related to employment status and the nature of the injury.

Because of the potential complications. truck drivers are encouraged to consult with a qualified workers’ compensation attorney. Larrimer & Larrimer in Columbus, Ohio, has a long-standing reputation for successfully assisting truck drivers and other injured workers navigate the workers comp system.

For a free consultation or to learn more about the rights of an injured truck driver in Ohio, contact Larrimer & Larrimer today.