New York City Work Trucking Accident Lawyer

Advocating for Injured Workers in New York

Work-related trucking accidents are a common cause of serious injury and death for workers in the United States. These accidents can occur in a variety of ways and can involve a range of professionals who work in the trucking industry. Whether you are a truck driver who was injured in a crash or a worker who was hit by a truck while on the job, you may be entitled to workers’ compensation benefits.

Schotter Millican, LLP is here to help. Our New York City work-related trucking accident attorneys understand how devastating these accidents can be, and we are prepared to fight for the full, fair compensation you are owed. We have a proven track record of success, and we are ready to put our extensive experience to work for you.

Call (718) 550-0610 or contact us online to schedule a free consultation with our team today.

Who Is at Risk of a Work-Related Trucking Accident?

Work-related trucking accidents can involve a wide range of professionals who work in the trucking industry. While truck drivers are at a particularly high risk of being injured in a work-related crash, many other workers can be injured in trucking accidents, as well. This includes those who work in warehouses, loading docks, and other facilities that are used by truckers.

Some of the most common professionals who are injured in work-related trucking accidents include:

• Truck drivers
• Delivery drivers
• Warehouse workers
• Construction workers
• Utility workers
• Garbage truck workers
• Tow truck drivers
• And more

How Do Work-Related Trucking Accidents Occur?

Work-related trucking accidents can occur in a variety of ways. Very often, these accidents can be attributed to negligence on the part of another party, such as a trucking company, truck manufacturer, or other motorist. However, even when an accident is caused by an employee’s own negligence, the victim can still recover workers’ compensation benefits.

Some of the most common causes of work-related trucking accidents include:

• Driver Negligence: Driver negligence is a common cause of work-related trucking accidents. This includes all forms of careless and reckless driving, including speeding, tailgating, distracted driving, and more. Driver fatigue is also a major cause of trucking accidents, and this is often caused by trucking company policies that encourage drivers to stay on the road for too long.
• Impaired Driving: Impaired driving is a common cause of trucking accidents, as well. This includes cases in which a truck driver is under the influence of alcohol or drugs. However, it can also include cases in which a trucker is impaired by fatigue or illness.
• Truck Defects: In some cases, work-related trucking accidents are caused by defects in the truck itself or in one of its parts. This can include defective tires, brakes, steering systems, and more.
• Improper Loading: Improperly loaded trucks can be very dangerous and can easily cause accidents. When a truck is overloaded or when its cargo is not properly distributed, it can be difficult or even impossible to control the vehicle.
• Third-Party Negligence: In many cases, work-related trucking accidents are caused by the negligence of a third party. This can include another motorist, a trucking company, a truck manufacturer, a truck maintenance company, and more.

What to Do After a Work-Related Trucking Accident

After being injured in a work-related trucking accident, the first thing you should do is seek immediate medical attention. If your injuries are severe, you should call 911 and go to the nearest emergency room. However, even if your injuries are not severe, you should still see a doctor as soon as possible.

Some injuries may not be immediately apparent, and it is important to get a thorough medical evaluation. Additionally, seeing a doctor will create an official record of your injuries, which can be very helpful if you need to pursue a workers’ compensation claim or any other type of claim.

After getting the medical care you need, you should take the following steps:

• Report the accident to your employer: After a work-related trucking accident, you should report the accident to your employer as soon as possible. Failing to report the accident within the appropriate timeframe could result in a denial of your workers’ compensation claim.
• Collect information: If you can, collect as much information as possible about the accident. This includes the names and contact information of all involved parties, as well as the names and contact information of any witnesses. You should also take pictures of the accident scene, your injuries, and any other relevant factors.
• Do not give a recorded statement: After the accident, your employer’s insurance company may ask you to provide a recorded statement. You should not give a recorded statement without first talking to your attorney.
• Do not post about the accident on social media: After the accident, you should avoid posting about the accident, your injuries, or your case on social media. Anything you say on social media could be used against you by the insurance company.
• Keep all relevant documents: Keep copies of all documents that are related to the accident and your injuries. This includes medical records, medical bills, proof of missed work, and any other relevant documents.
• Talk to a New York City work trucking accident attorney: After a work-related trucking accident, you should talk to a lawyer who has experience handling these types of cases. An attorney can help you understand your rights and your options.

What Types Of Benefits Can I Receive Through Workers’ Compensation For A Work Truck Accident?

If you've been involved in a work truck accident in New York, workers' compensation can provide several key benefits such as the following:

• Medical Benefits: Workers' compensation covers all necessary medical treatments related to your accident, including doctor visits, hospital stays, and physical therapy.
• Wage Replacement: If you're unable to work due to your injuries, you can receive wage replacement benefits, typically two-thirds of your average weekly wage, up to a state maximum.
• Permanent Disability: For permanent impairments, you may be eligible for permanent disability benefits, based on the severity and nature of your disability.
• Vocational Rehabilitation: If you can’t return to your previous job, vocational rehabilitation services can help you retrain and find new employment.

Consulting with an experienced NYC work truck accident lawyer can help you navigate this complex process and secure the workers’ comp benefits you're entitled to. Contact Schotter Millican, LLP for more information.

Can I Sue My Employer for a Work-Related Trucking Accident?

In most cases, your only option will be to file a workers’ compensation claim. However, there are some exceptions to this rule.

You may be able to sue your employer if:

• Your employer does not have workers’ compensation insurance
• Your employer intentionally caused your injuries

In most cases, employers in New York City are required to have workers’ compensation insurance. However, if your employer does not have insurance, you may be able to file a personal injury lawsuit against them.

You may also be able to sue your employer if they intentionally caused your injuries. For example, if you were injured in a work-related trucking accident because your employer forced you to drive a truck that you knew was unsafe, you may be able to sue your employer.

Can I Sue a Third Party for a Work-Related Trucking Accident?

If a third party caused or contributed to your work-related trucking accident, you may be able to file a personal injury lawsuit against that party. This is in addition to filing a workers’ compensation claim.

After a work-related trucking accident, you may be able to sue a third party if:

• The accident was caused by a defective truck or truck part
• The accident was caused by a negligent motorist
• The accident was caused by a negligent truck manufacturer
• The accident was caused by a negligent truck maintenance company

These are just a few examples of situations in which you may be able to sue a third party for a work-related trucking accident. An experienced attorney can help you understand your rights and your options.

Importance of Hiring a Truck Accident Attorney

Truck accidents involving commercial vehicles can be complex and challenging to navigate, especially when it comes to determining liability and dealing with workers' compensation for injuries. Hiring an experienced work accident attorney for truckers can make a significant difference in the outcome of your case. Our team at Schotter Millican, LLP has the knowledge and expertise to handle all aspects of your workers' comp accident claim, from investigating the accident scene to negotiating with insurance companies.

Benefits of hiring a work truck accident attorney include:

• Legal expertise in truck accident laws
• Experience in dealing with insurance companies
• Ability to gather evidence and build a strong case
• Negotiation skills to maximize your compensation
• Peace of mind knowing your case is in capable hands

Don't navigate the complexities of a workers' comp claim involving a truck accident alone. Consult with our experienced attorneys at Schotter Millican, LLP to discuss your case and explore your legal options.

Consult with an Experienced Attorney Today

At Schotter Millican, LLP, we are dedicated to advocating for the rights of injured workers. Our work-related trucking accident lawyers have a deep understanding of this area of law, and we have a proven track record of success handling these types of cases. We are committed to providing you with the aggressive, tireless legal representation you need and deserve, and we will fight to help you recover the full, fair compensation you are owed.

Contact us today at (718) 550-0610 to schedule a free consultation with our team.