How to Receive Workers’ Compensation as an Injured North Carolina Truck Driver

Truck driving is a demanding career that involves long hours on the road, heavy lifting, and strict schedules. These conditions can lead to sudden injuries from accidents or long-term problems caused by repetitive movements. If you are injured, you will need to hire a workers’ compensation lawyer from The Bollinger Law Firm, PC, who can explain how to receive workers’ compensation as an injured North Carolina truck driver.

Knowing the steps to take to file your workers’ compensation claim accurately and on time is essential for your recovery and eventual return to work. The steps below will help you protect your rights through this process, secure benefits, and stay on track with your recovery.

Step 1: Report Your Injury Promptly

North Carolina law allows you up to 30 days to report a workplace injury, but you should notify your employer as soon as possible. Give dates and times of the incident along with key details about how it occurred.

Immediate reporting helps you get medical care through your employer, speeds up claim processing, and prevents disputes about whether the injury was related to your job. The longer you wait to report, the higher the likelihood is of you forgetting the pertinent details.

Step 2: See the Authorized Doctor

If you need emergency care, visit an emergency room immediately. If you can wait, schedule an appointment with the doctor approved by your employer’s insurance company. Injured employees are required to be treated by the medical provider chosen by the employer’s insurer.

Attend every appointment, keep all medical records and receipts, and request copies of test results and treatment notes. These documents will support your workers’ compensation claim and help establish the severity of your injuries.

Step 3: File Form 18

To open a workers’ compensation claim with the North Carolina Industrial Commission, you must file Form 18. This form protects your right to benefits even if your employer submits their own report first. The employer’s report, called Form 19, does not open your workers’ compensation claim; it is how employers report injuries that happen on their premises.

You legally have two years from the date of the accident or from when you discovered your injury to file Form 18. Send the form by certified mail so you have proof of delivery. Check that the dates and details match your employer’s Form 19, and follow up to confirm the Industrial Commission receives it.

Step 4: Understand the Benefits Available

Of North Carolina work-related fatalities, transportation incidents were the most common type of fatal event for wage, salary, and self-employed workers, making up 35% of all fatal work-related injuries reported in the state in 2023.

Injured North Carolina truck drivers may qualify for several types of benefits:

• Medical coverage includes doctor visits, surgery, prescriptions, and rehabilitation.
• Temporary total disability provides part of your regular weekly pay while you are unable to work.
• Temporary partial disability allows you to return to lighter duty at a reduced wage.
• Permanent partial disability applies if you can keep working but your injury causes lasting limitations.

Knowing the full range of benefits helps you avoid settling for less than you deserve.

Step 5: Be Aware of Factors Unique to Truck Drivers

Truck drivers have special situations when filing a claim. If you are a North Carolina driver hurt in a different state, you can still file your workers’ compensation claim in North Carolina. Repetitive motion injuries, such as back problems from constant sitting and vibration, may also qualify. Drivers exposed to fumes or chemicals on the job can file claims for those conditions as well. Because trucking injuries can be complex, detailed documentation is critical.

Step 6: Protect Your Rights While Cooperating

Your employer’s insurance company may ask you to attend an Independent Medical Exam. You must comply, but keep detailed records of these appointments and any conversations during the exam. Do not sign settlement paperwork or accept a final payment until you understand the long-term medical needs related to your injury and have spoken to your lawyer.

Some injuries require extended recovery, and settling too early can cause you to lose compensation you may need later. You are allowed to petition the Commission to see a different physician if you choose.

Step 7: Hire a Workers’ Compensation Lawyer

You can hire a workers’ compensation lawyer if you suffer a permanent injury, if your benefits are interrupted, or if your claim is denied. An experienced lawyer can gather evidence, negotiate a fair settlement, and represent you before the North Carolina Industrial Commission.

Do not take on powerful insurance companies alone. Contact The Bollinger Law Firm to take the first steps in filing a claim. We can advocate for you and protect your interests while you focus on recovery.

FAQs

Q: What Are the Three Main Requirements to Obtain Workers’ Compensation?

A: The three main requirements to obtain workers’ compensation include being an employee, notifying your employer, and having a work-related injury. First, you must be categorized as an employee rather than an independent contractor. Second, you are required to inform your employer of the injury within 30 days. Third, the injury or illness must arise out of or occur during your work duties.

Q: When Should I Consult a Workers’ Compensation Lawyer?

A: You should consult a workers’ compensation lawyer as soon as you can after you are injured on the job. The sooner you get a lawyer involved in your case, the more they can do to help you secure just compensation for your injury. Our workers’ compensation lawyer can advocate for you.

Q: What Should I Avoid Saying to a Workers’ Compensation Adjuster?

A: You should avoid saying anything dishonest to a workers’ compensation adjuster. Keep your statements factual and limited to the incident. Do not admit fault, guess about causes, or minimize your injuries, since internal injuries can take time to appear. Avoid discussing pre-existing conditions unless advised by your attorney. Do not give a recorded statement or make predictions about when you will return to work without trusted legal guidance.

Q: What Injuries Qualify for Workers’ Compensation in North Carolina?

A: Injuries or occupational diseases that qualify for workers’ compensation in North Carolina include those that arise out of or occur during your employment. A pre-existing condition that is worsened by work-related tasks can also qualify for workers’ compensation. Proof of the connection between the injury and the truck driving job is required to receive benefits.

Contact The Bollinger Law Firm Today

Recovering from a trucking injury can be overwhelming, and navigating workers’ compensation claims is complicated. Contact The Bollinger Law Firm to get your workers’ compensation claim started so that we can let you know your options and next steps to take.

Our founding attorney, Bob Bollinger, has litigated over 100 cases involving workers’ compensation and is recognized by the North Carolina Board of Legal Specialization as a Board-Certified Specialist in workers’ compensation law. We can help you submit all necessary forms and guide you through every step of the workers’ compensation process so you can focus on healing and returning to work.