Employees of trucking companies generally enjoy the same rights as other employees when it comes to workers’ compensation. The exception is the “owner-operator”. These owner-operators are specifically excluded from the Workers’ Compensation Act. The statute provides that these commercial truck owner-operators are independent contractors. HOWEVER, the employees of the owner-operators do not fall under this exclusion and may be entitled to workers’ compensation benefits. In other words, if you are an employee of an owner-operator who leased his services to another trucking company, and you are injured on the job, you may be entitled to income and medical benefits. This is true regardless of fault, but presuming the accident was not willfully caused by the employee and it happened on the trucking job.
The classification and determination of whether you are an owner-operator or employee of one can be complicated. If you have been injured in any trucking accident and need some clarification as to what your options are, please contact the Ramos Law Firm at (404) 355-3431 for your free consultation.