How Truck Crashes Can Lead to Personal Injury & Workers’ Comp Claims

Truck crashes are some of the worst accidents on our roads. In 2022, 5,837 large trucks were involved in fatal crashes across the United States. That’s not just a number — it represents thousands of tragedies.

When these accidents happen while someone’s working, things get even more complicated. If you’re hurt in a truck crash while on the job in North Carolina, you should know about an important option. You might be able to file both workers’ compensation AND personal injury claims at the same time. These two types of claims work differently, cover different things, and follow different rules. Understanding both could make a huge difference in your recovery.

Understanding truck accidents in the workplace context

Work-related truck crashes happen in many different situations. Delivery drivers, commercial truck operators, construction workers, and even office employees traveling between work sites can be affected. Anyone can become a victim. And because trucks are so much bigger than cars, these crashes often cause terrible injuries.

Some common examples include:

• Delivery drivers hit by other vehicles.
• Employees driving between job sites.
• Construction workers struck by delivery trucks.
• Truck drivers hurt by careless motorists.
• Workers injured while making deliveries for their company.

The injuries from these crashes can be severe and include brain trauma, spinal damage,  multiple broken bones, and internal injuries. Recovery often takes months or even years. Meanwhile, medical bills keep coming while paychecks stop. Families struggle to keep up.

Many workers don’t realize that a truck crash while performing work duties opens the door to two different types of claims. Each one helps in different ways.

Workers’ compensation claims explained

Workers’ compensation is insurance that most employers must have. It pays benefits to employees hurt on the job. In North Carolina, companies with three or more employees need this coverage. When a truck crash happens while you’re working, workers’ comp is usually your first source of help.

Workers’ comp can provide:

• Payment for your medical treatment.
• About two-thirds of your regular wages while you can’t work.
• Benefits if you have permanent disabilities.
• Help finding new work if you can’t return to your old job.

To get these benefits, you need to report your injury to your employer, preferably in writing, within 30 days. Your employer should file a Form 19 with the North Carolina Industrial Commission. You’ll need to file a Form 18 to officially request benefits. Missing these steps could hurt your claim.

Workers’ comp has some big advantages. You don’t have to prove anyone was at fault. You can get benefits even if you partly caused the accident. The system is set up to provide quick help, not complete compensation.

But there are serious limits. Workers’ comp doesn’t pay for pain and suffering. It doesn’t replace all your lost wages. It doesn’t make up for how your injuries affect your quality of life. These gaps show why finding out if you have grounds to file a personal injury claim is also important after a work-related truck crash.

Personal injury claims after a truck accident

A personal injury claim works differently than workers’ comp. It lets you seek money from whoever caused your truck crash. Lawyers call this “third-party liability.” The responsible party might be another driver, a trucking company, a vehicle manufacturer, or even a government agency responsible for unsafe roads.

Personal injury claims can pay for more things than workers’ compensation benefits:

• All of your lost wages, both past and future
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Effects on your marriage and family relationships
• Punitive damages in cases of extreme carelessness

The downside is that you must prove the other party was at fault. North Carolina has a tough “contributory negligence” rule. This means if you’re found even 1% responsible for the truck crash, you might get nothing. That’s why strong evidence and good legal help are so important.

You generally have three years from the date of the accident to file a personal injury claim in North Carolina. This gives you time to understand how serious your injuries are before pursuing your claim.

Why pursue both types of claims

Filing both claims can make a huge difference financially. Workers’ comp provides quick benefits without having to prove fault. It covers medical treatment and provides some income while you recover. A personal injury claim can then fill in the gaps, providing money for pain and suffering and other losses that workers’ comp doesn’t cover.

Here’s an example: A delivery driver gets badly hurt when another driver runs a red light and crashes into their truck. Workers’ comp pays for their medical treatment and about two-thirds of their lost wages. The personal injury claim against the driver who ran the red light can seek money for the remaining one-third of lost wages, future medical needs, pain and suffering, and other damages not covered by workers’ compensation.

Handling both claims properly is crucial. When you settle one claim, it affects the other. The words used in settlement documents matter. Your strategy for negotiations makes a big difference. A mistake in one claim can accidentally limit what you get from the other.

Potential complications and challenges

One tricky issue in these cases is called “subrogation.” When you get money from a personal injury settlement, your employer’s workers’ comp insurer may have a right to be paid back for benefits they’ve already paid you. This is called a workers’ compensation lien.

North Carolina law does offer some protection. The amount the workers’ comp insurer can get back is usually reduced by your attorney’s fees and other costs. Sometimes, this amount can be negotiated down even further.

Insurance companies often try tactics to pay less. They might:

• Claim your injuries didn’t happen at work.
• Downplay the seriousness of your injuries.
• Take a long time processing your claim.
• Push you to settle quickly for less than you deserve.
• Try to blame you to trigger the contributory negligence rule.

These challenges show why having legal help is so important when dealing with both types of claims after a truck crash.

Coordinating your claims successfully

Good record-keeping is essential for successful claims. Keep detailed records of:

• All medical treatments and bills.
• Days missed from work.
• Every conversation with insurance companies.
• Photos of your injuries and the accident scene.
• Contact information for witnesses.
• Police and accident reports.

Make sure your attorney is keeping track of any ways one of the claims might impact the other.

Understanding your rights protects your future

After a truck crash, knowing your rights is powerful. Understanding how workers’ compensation and personal injury claims work together can make the difference between partial recovery and full compensation. Taking the right steps quickly is essential.

Report your injury to your employer right away. Get proper medical care. Document everything. Then talk to lawyers who know how to handle both types of claims after truck crashes. These complicated cases require knowledge and experience.

At Price, Petho & Associates, we understand how workers’ comp and personal injury claims affect each other. We’ve helped many clients navigate these complex cases to get the maximum compensation available. Our team works together on both types of claims to make sure nothing is missed.

Don’t let confusion about your legal rights limit your recovery. If you’ve been hurt in a work-related truck crash, contact us today for a free consultation. We can explain your options and help you find the best path forward during this difficult time.