Truck Drivers: When is an Owner-Operator Excluded from Workers Comp?

If you are a truck driver and have been injured while working, you may have many questions about your workers compensation claim.

Truck Driver Work Comp

If you’re a truck driver, do you know if you would be able to claim workers compensation if you were to suffer an injury while at work? You might presume that of course you’re entitled to a claim if you are injured, but it isn’t always that simple. It’s important to know if you’re eligible, so you know where you stand if you are injured.

The law states that you are entitled to workers compensation if you are an employee. This sounds simple enough but it can be more complicated than you may think. You may not be classed as an employee if you are the owner and operator of the vehicle.

So what does this mean? Well this means that many working truck drivers may not actually be eligible for worker’s compensation when they believe they are. This news comes as a disappointment to many people who have suffered an injury and think that claiming compensation is going to be straightforward.

An Owner-Operator or an Employee?

There are several questions you can ask yourself which will give you a good idea as to whether you are an employee or an owner-operator. Read through the following questions and see how many you answer ‘yes’ to. The more you answer yes to, the more likely it is that you are classed as an owner-operator, and the less likely you would be to be able to claim Workers Compensation.

  • Do you work for more than one employer using your vehicle?
  • Do you lease the vehicle from your trucking company?
  • Have you been given the option of buying your truck outright after a set time period?
  • Are any vehicle lease payments taken out of your wages?
  • Is the insurance of your vehicle your responsibility?
  • Does anyone else use your vehicle?
  • Are the expenses related to your truck, such as maintenance and repairs, your responsibility?
  • Have you ever been given the option of taking out workers compensation insurance?
  • At the end of the tax year do you get sent a Form 1099 instead of a Form W-2?

If you are a truck driver and have been injured while working, you may have many questions about your workers compensation claim.

St. Louis Workers Comp Attorneys

All truck drivers are well aware of the on-the-job risks they face. However, they should also be aware that they may also be entitled to workers compensation benefits and should contact a St. Louis work injury lawyer to understand their rights if they have been injured. Call (314) 361-4300 today to schedule a free consultation with experienced Missouri workers comp attorney James M. Hoffmann.

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Updated: May 29, 2017