Trucker Workers’ Compensation in Pennsylvania

As a truck driver, you play a vital role in the national economy, connecting businesses, consumers and resources. But your job also has its hazards, including traffic, weather and the repetitive strain of long hours behind the wheel. 

If you were injured while working as a trucker, you may have the right to claim workers’ compensation benefits. This guide will answer your questions about workers’ compensation for truck drivers in Pennsylvania and how you can claim it.

What Is Workers’ Compensation?

Workers’ compensation in Pennsylvania is a no-fault insurance system assisting workers who get hurt while doing their jobs. You can claim compensation without proving your employer was responsible for your injury. You can file for injuries regardless of whose fault they were, including accidents where nobody was at fault. 

Does Pennsylvania Have Workers’ Compensation for Truckers?

Yes, truckers employed in Pennsylvania are entitled to workers’ compensation. State law requires most companies to provide workers’ compensation coverage for all their employees. Your employer should have trucking workers’ compensation insurance to cover these costs.

What Are the Obstacles to Getting Truckers’ Workers’ Compensation?

Although truck drivers employed in Pennsylvania have a legal claim to workers’ compensation when injured on the job, some truckers miss out on this benefit. The most common reasons are:

Misunderstanding: Truckers may not realize they can claim for injuries while driving, refueling and doing other job duties away from their employer’s premises.

Missed deadlines: Workers must report injuries within 21 days to access retroactive benefits. Failing to report the injury within 120 days can disqualify an employee from claiming compensation.  

Misclassification: Some employers misclassify their truckers as independent contractors rather than employees. They may do this out of confusion about state laws or intentionally to avoid their obligation to compensate injured employees. Intentional misclassification of an employee as an independent contractor is a crime. Overcoming misclassification to claim workers’ compensation benefits may require an attorney’s help.

What Are the Benefits of Trucking Workers’ Comp?

Workers’ compensation in Pennsylvania typically provides these benefits for injured workers:

Medical expenses: You can claim workers’ compensation to cover the necessary medical costs arising from your work-related injury.

Compensation for lost wages: Workers’ compensation can make up for income you lost while unable to work after your injury.

Death benefits: The dependents of a trucker who dies from a work-related injury can claim death benefits through workers’ compensation. If the family learns of the death before the employer, they should report the fatal injury to the employer immediately.

Specific loss benefits: If you lose fingers, toes, arms, hands, feet, legs, vision or hearing, you can qualify for additional specific loss benefits.

Disfigurement benefits: You can claim additional benefits if the injury causes permanent disfigurement of your face, neck or head.

How Much Is Workers’ Comp for Truck Drivers?

If you successfully claim workers’ compensation, the amount you will receive depends on your average weekly salary in the year you were injured. The state calculates the maximum weekly rate workers can claim each year, so check the latest rates from the Department of Labor and Industry (DLI). Calculate the average amount you earned weekly in this job over the last year leading up to the date of your injury.

Check the benefit scale to see which block you fall into based on this average:

Block 1: Earning above this threshold qualifies you for the maximum payment. The DLI set the 2024 maximum at $1,325 per week for those earning over $1,987.50.

Block 2: Earning an average wage within the second block entitles you to two-thirds of your weekly salary through employee compensation.

Block 3: Earning a wage within this block qualifies you for a standard rate equal to at least two-thirds of your weekly pay.

Block 4: If your average pay falls into this block, you can claim up to 90% of it through employee compensation.

This method allows you to calculate what you can expect for lost wages. If you are entitled to additional benefits such as medical costs, the amount you receive will depend on the benefits you can claim and the extent of your costs.

If you obtain your compensation by settling a workers’ compensation case for a lump sum, the amount will depend on your settlement terms. It may cover lost wages and medical costs, but each settlement’s exact amount differs.

What Are Common Injuries for Truckers’ Workers Comp Claims?

No matter your injury, if you sustained it while doing your job, you may be entitled to workers’ comp. But some injuries are more common than others among truckers. Hazards from traffic, cargo, weather, physical strain and other factors put truckers at risk of injuries like:

• Back, spine and shoulder injuries
• Brain injuries
• Broken bones
• Organ damage
• Burns
• Cuts

Though these are the most common, truckers can also claim for other work-related injuries. Even a dog bite while delivering cargo could be a valid cause for claiming workers’ comp.

How Do I Report an Injury for Workers’ Comp?

If you have suffered a work-related injury as a truck driver in Pennsylvania, you can report it and claim workers’ compensation by following these steps:

Inform your employer (someone in a supervisory capacity or Human Relations)  within 21 days of being injured or becoming aware of a work-related illness.

Request workers’ compensation forms from your boss or HR department to file your claim.

Once you submit this documentation, your employer must give it to their insurer or person responsible for workers’ compensation.

Ensure your employer files a First Report of Injury (FROI) with the Bureau of Workers’ Compensation.

You should receive notification of your claim being accepted or denied within 21 days. Sometimes, the employer or carrier can extend their investigation to 90 days.

If your claim is accepted, you will receive workers’ comp checks.

What if My Employer Won’t Pay Workers’ Comp for Truck Drivers?

If you request workers’ compensation forms only to find your employer has misclassified you as an independent contractor rather than an employee, ask them to reclassify you and process your claim. If they are unwilling to do this, contact a workers’ compensation attorney. An attorney can help you gather the evidence and demonstrate you are an eligible employee for workers’ compensation.

If your employer processes and denies your claim, review their reasons for this conclusion with an attorney. You have three years from the date of your injury to file a Claim Petition. This typically leads to a hearing where an experienced workers’ comp attorney can make your case and fight for the checks you deserve.

Contact Frommer D’Amico for Legal Support Getting Workers’ Comp

If you’re a trucker who needs legal advice or representation for your workers’ compensation case, Frommer D’Amico is here to help. We are a team of certified, expert workers’ compensation attorneys practicing in Central Pennsylvania. 

Whether your employer has rejected your claim or you’re still figuring out whether you can make one, we are ready to support you. You can reach us 24/7 for a free consultation, and we’ll give individual attention to your case. Attorneys John Frommer and Joe D’Amico have a track record of winning workers’ comp checks for truck drivers like you. We’ll only charge after landing you a settlement. 

Contact Frommer D’Amico for legal help getting the workers’ compensation checks you deserve.