Truck Driving Accidents
Truck driving accidents are a major problem. It is estimated over 150,000 people are injured each year in truck driving accidents. Today, many drivers are talking on cell phones so roads are more dangerous. Trucking companies expect long hours from their drivers which are creating another safety issue for truckers.
It’s no surprise that truck driving accidents make up a large number of workers’ compensation claims. A truck driver can be injured in a collision, but he can also get injured loading and unloading the truck. Back injuries are the most common form of injury in the trucking industry.
Trucking Insurance Adjusters
Insurance companies will try to find a way around paying for medical treatment and lost income if you are involved in a trucking accident. The most common tactic is arguing that the employee engaged in “willful misconduct” and not entitled to workers’ compensation benefits. If there is evidence the driver was using his cell phone, there is no claim.
“Pursuant to O.C.G.A. § 34-9-17(a), no compensation shall be allowed for an injury or death due to the Employee’s willful misconduct, including for the willful failure or refusal to use a safety appliance.”
Utilizing a cell phone while driving is dangerous, and it gives the insurance company another reason to deny your claim. If you expect to receive workers’ compensation benefits, there can’t be any evidence of cell phone usage prior to the accident. Cell phone use in the form of texting or similar usage will result in the judge determining willful misconduct and barring the claim. If no cell phone was used incorrectly, then you are covered by the workers’ compensation laws and have rights in Georgia as an injured worker.
Free Consultation
If you are a truck driver hurt in a truck driving accident while working on the job, then contact Georgia Workers’ Compensation Attorney – Beth Gearhart to learn your rights. Beth listens and cares about her clients.
