Workers’ Compensation for Delivery Driver Accidents
Delivery truck drivers put their health on the line for their employers every day. Injuries from accidents or lifting can result in temporary and permanent disability. If you have been injured in a delivery truck accident, an experienced workers’ compensation attorney can help you receive all of the benefits you deserve, while protecting your job. At Midwest Disability Work Comp, P.A., our attorneys have years of legal experience representing workers in Minneapolis, St. Paul and throughout Minnesota who have been injured on the job.
Delivery Truck Driver Injuries
A truck accident can put you in the hospital and subject you to a long and painful recovery. Injuries resulting from lifting accidents can result in chronic back pain that makes it impossible to do your job. As long as your injury is job-related, it is covered by Minnesota workers’ compensation. Minnesota workers’ compensation provides benefits for:
- Medical care
- Wage loss
- Permanent partial disability
- Temporary disability
- Vocational rehabilitation
Your employer cannot fire you or take other adverse actions against you in retaliation for filing a workers’ compensation claim. Retaining a skilled and highly qualified workers’ compensation attorney can protect your rights and improve your chances of obtaining the full workers’ compensation benefits you are entitled to receive. Our attorneys have represented clients in cases involving semi drivers, delivery truck drivers and others who drive for a living.
Do Truck Drivers Get Workers’ Compensation?
As in other industries, truck drivers who are classified as employees are entitled to workers’ compensation benefits if they are injured on the job or sustain a work-related injury or condition. However, delivery truck drivers who are classified as “independent contractors” are not covered. As such, some employers will classify — or misclassify — their drivers as independent contractors in order to avoid having to cover them with workers’ compensation insurance. In an attempt to protect truck drivers and couriers, both the federal Department of Labor and Minnesota lawmakers have enacted laws regarding exactly who can be legally classified as an independent contractor. If a delivery truck driver does not meet all of the specified requirements for being classified as an independent contractor, he or she is automatically considered an employee and, therefore, eligible for workers’ compensation (as long as other eligibility requirements are met). There are seven requirements you must meet to be classified as an independent contractor truck driver in Minnesota. They are:
- You are the owner or lessee of the truck and other equipment you use.
- You are solely responsible for the maintenance of your truck/equipment.
- You are financially responsible for operating expenses associated with your work, including fuel costs (not including fuel surcharges), vehicle repairs, insurance, supplies, personal expenses, etc.
- You are responsible for supplying any necessary services to operate the truck/equipment.
- You do not receive payment by the hour.
- Within certain limitations, including transportation and shipper regulations, you have a significant degree of freedom in how you perform your job.
- You have a written contract with the other applicable party explicitly stating that you are an independent contractor.
If you do not meet all of these requirements but your employer has classified you as an independent contractor, your employment is misclassified. As an employee, you are entitled to seek workers’ compensation for any job-related injuries, illnesses or conditions you incur.
Contact A Minneapolis Delivery Truck Crash Lawyer
We offer a free consultation and charge no fees unless we obtain compensation for you. To contact a Minnesota delivery truck accident lawyer at our firm, call 888-365-1477.
Call us at 888-365-1477 to tell us about your case and request a free consultation about your workplace accident with an attorney.