Workers comp for truck drivers comes with three questions most workers never face. Were you an employee or an owner operator? Which state's law covers a crash far from home? And can you also go after the other driver?
The risks on and off the road
Driving and moving freight is the deadliest line of work by count. BLS recorded 1,391 deaths in transport and material moving jobs in 2024. Of those, 798 were heavy and tractor trailer drivers.
Most injuries are not crashes. Truck carriers reported 2.9 cases per 100 full time workers in 2024, from falls off cabs and trailers, strains at the dock and straps and loads that shift.
Employee or owner operator
Many drivers lease onto a carrier and get a 1099. That label does not settle it. The Labor Department notes that each state's comp board decides who is an employee.
If the carrier sets your loads, routes and rules, you may be covered no matter what the lease says. Some owner operators also carry their own policy. Read more on independent contractors.
Hurt in another state
A crash in Ohio does not always mean an Ohio claim. California, for one, covers a worker hired or regularly working in California who gets hurt outside the state.
Other states have their own rules and you may have a choice between two. Pay rates and limits differ a lot, so the choice can change your checks. Compare them on benefits by state.
When another driver caused the crash
Comp pays no matter who was at fault. If another driver caused the wreck, you may also have a claim against that driver for pain and full lost wages.
The comp insurer may ask to be paid back from that money. Have one attorney look at both claims so they fit together. See workplace injury lawsuits.
Your DOT medical card
A DOT physical is good for up to 24 months and an examiner can give a shorter card to watch a condition.
An injury that costs you your card can cost you your career. Tell your attorney if a doctor says you may not pass. That lost earning power belongs in the claim and so does any light duty offer at lower pay.
Deadlines when you are on the road
Call dispatch, then follow up in writing with the date, place and load. Texas wants notice within 30 days and Georgia does too.
Find your state on workers comp by state. There is no charge to start with a lawyer; the fee comes from the recovery, under a state cap.
People also ask
Can an owner operator get workers comp?
Sometimes. It depends on how much control the carrier has and on your state. Some owner operators carry their own policy.
Which state do I file in if I got hurt on the road?
Often the state where you were hired, live or are based or where you were hurt. You may have a choice.
Can I get workers comp and sue the other driver?
Yes, in most cases where another driver caused the crash. The comp insurer may claim part of the lawsuit money.