Truck Driver Claims

Could California truck drivers bring a legal action against their employer if injured.

Yes, California truck drivers have the legal right to bring a legal action against their employer if they are injured, especially if the injuries result from the employer’s negligence or violations of safety regulations. Truck drivers, like other employees, are protected by various laws and regulations that establish their rights and ensure workplace safety. Here are some key considerations:

  1. Worker’s Compensation:
    • In California, most employers are required to carry workers’ compensation insurance to provide benefits to employees who are injured on the job. If a truck driver is injured in the course of employment, they are generally entitled to file a workers’ compensation claim to receive benefits such as medical treatment, disability payments, and vocational rehabilitation.
  2. Exceptions to Workers’ Compensation:
    • In some cases, there may be exceptions to the exclusive remedy provided by workers’ compensation. For example, if the injury resulted from intentional or egregious conduct by the employer, the employee may be able to pursue a separate personal injury lawsuit against the employer.
  3. Third-Party Liability:
    • If the truck driver’s injury was caused by the negligence of a third party (someone other than the employer or a co-worker), the injured truck driver may have the right to pursue a personal injury claim against that third party. This could include claims against other drivers, manufacturers of defective equipment, or entities responsible for road maintenance.
  4. Employer Negligence:
    • If the injury is a result of the employer’s negligence, such as failure to maintain safe working conditions, inadequate training, or violation of safety regulations, the injured truck driver may have grounds to file a lawsuit against the employer.
  5. Safety Violations:
    • If the employer violated specific safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA) or the California Department of Transportation (Caltrans), and this violation contributed to the injury, the injured truck driver may have legal recourse.
  6. Retaliation Claims:
    • California law prohibits employers from retaliating against employees for asserting their rights, including filing a workers’ compensation claim. If an employer retaliates against a truck driver for seeking workers’ compensation benefits, the driver may have grounds for a separate legal action.

It’s important for injured truck drivers to consult with an experienced workers’ compensation attorney to understand their rights, explore potential legal actions, and navigate the complexities of the legal process. Additionally, if a third party is involved, a personal injury attorney with experience in trucking accidents can assist in pursuing a claim against that party.


CALL NOW” for a Free Consultation


Discuss Your Case! FREE Evaluation