According to the Federal Motor Carrier Safety Administration (FMCSA), there were about 107,000 commercial truck accidents resulting in personal injury during 2020 alone. Are commercial truck drivers eligible for workers’ compensation if they get in an accident on the clock? The workers compensation laws for 18-wheeler accidents vary by state. 

Let’s dive into Missouri’s workers’ compensation laws for truck drivers.

Can Truck Drivers Get Workers’ Compensation?

Worker’s compensation law in Missouri mandates that employers (with five or more employees) have workers’ compensation insurance in case of a workplace injury. However, there are a few exceptions. One of them is owner-operators. 

Owner-operators are truck drivers that essentially work as independent contractors. By law, employers are only required to have workers’ compensation insurance for employees, and not owner-operators. Unfortunately, many companies who hire commercial truck drivers will hire them as owner-operators to avoid having to pay for a workers’ compensation policy.

Luckily, if you have the right personal injury attorney on your side, filing a workers’ compensation claim isn’t the only way for you to get the compensation you deserve.

How Can Owner-Operators Get Compensated?

Personal injuries from 18-wheeler accidents are often life changing, causing permanent or temporary disabilities and heaps of medical expenses. In the rare instances when filing a workers’ compensation claim isn’t a viable option, the next course of action to get compensated is to file a personal injury lawsuit.

If it can be proven that the employer is liable in some way for the workplace accident, a personal injury lawyer can file a lawsuit on the personal injury victim’s behalf. 

When Can Owner-Operators Sue Employers?

For personal injuries involving 18-wheeler collisions during work hours, there are various cases in which the employer can be held legally responsible for the accident. A skilled attorney can help you gather the evidence you need. Below are a few common examples.

  • The Insurance Institute for Highway Safety’s Fatal Causation Study reveals that 55% of commercial truck accidents are caused by mechanical failure. These accidents are usually a result of faulty brakes, steering, or tires. When truck drivers use company owned vehicles, it is the employer’s responsibility to ensure that the trucks are properly maintained and safe for the road.
  • Unfortunately, it’s common for companies to prioritize making as many deliveries as possible as quickly as possible and meeting client deadlines over the safety of the truck drivers transporting the products. This results in unrealistic delivery schedules for the truck drivers that require speeding to accomplish. According to the FMCSA, 23% of commercial big rig accidents are caused by speeding.
  • According to the FMCSA, other common 18-wheeler crash causes include sleep deprivation (13%), pressure from carriers (10%), and improperly or overloaded trailers. These causes may also be attributed to employers prioritizing work over safety.

If you have suffered injuries on the job due to a workplace accident, contact us as soon as possible to schedule your initial consultation. During your legal consultation, you will receive free legal advice from a skilled Columbia lawyer near you. We’ll fight for the compensation you deserve to cover your personal injury related expenses – present, and future.