New Orleans Truck Driver Injury Lawyer
Driving is the most dangerous activity that most people do on a daily basis. Truck drivers, of course, spend a substantial portion of their lives out on the road, often on highways where serious injuries and fatalities are most likely to take place. If you were injured in a crash, hit by a vehicle as a pedestrian crossing a parking lot while you were on the job, threw your back out performing maintenance to your vehicle, or were injured in any other manner, you are entitled to workers’ compensation benefits under Louisiana law. The New Orleans truck driver injury lawyer at Lunsford Baskin & Priebe, PLLC can help you acquire wage compensation and medical coverage, as well as pursue other options for compensation if they exist, such as filing a personal injury claim against a liable third party.
Workers’ Compensation for Injured Truck Drivers
Workers’ comp is no fault insurance; even if you are found to have caused the incident—such as falling asleep at the wheel or failing to check your side view mirrors before merging into another lane—you will still be covered by workers’ compensation. Workers’ compensation pays for your medical expenses, plus up to two-thirds of your average weekly wages, either short or long-term depending on the length of time you are disabled and incapable of returning to work.
Reasons Your Employer/Insurance Company Might Deny a Claim
The most common reasons for an employer and the employer’s insurance carrier to deny a claim, reduce benefits, or cut wage replacement benefits before the initial agreed upon time was up, include the following:
- Employee was intoxicated at the time of the injury/crash
- The employee’s injuries are pre-existing
- The employee was hurt outside of work
- The employee is exaggerating the injury and their degree of disability
- There were paperwork of filing errors with the claim
Trucking companies and insurance companies will go to great lengths to deny liability and reduce your compensation, going so far as to claim that your serious, and obvious-to-you, injuries are somehow fabricated or exaggerated. This can be incredibly humiliating and frustrating for an injured, out-of-work employee with bills to pay and no way to generate their normal income. An attorney will enhance your chances of the claim being accepted the first time. If your claim was denied, your employer is threatening to fire you if you file a claim, or your benefits were suddenly cut off, an attorney will advocate for your rights.
Filing a Third Party Liability Claim
If another driver caused the crash, or the crash was caused by a defective truck part, you can also file a personal injury claim against that party, seeking compensation for:
- Full lost wages and earning capacity
- Pain and suffering
- Loss of joy of life
- Emotional distress
- And More
Additionally, if your employer was at fault for the incident and they acted egregiously or recklessly, such as knowingly using defective trucking equipment, you may be able to file a personal injury claim against them.
Contact a New Orleans Truck Driver Injury Lawyer
Injured truck drivers are entitled to workers’ comp benefits. We can help you get the benefits you need. Call Lunsford Baskin & Priebe, PLLC at 601-488-3975 to schedule a free consultation with a New Orleans truck driver injury lawyer today.