North Carolina Workers’ Compensation Laws for Truck Drivers: A Complete Guide

Driving a truck can be a dangerous job. Many NC truck drivers get injured on the job in motor vehicle accidents, tarping loads, or in other workplace accidents. If you’re a truck driver who gets hurt on the job in North Carolina, understanding workers’ compensation coverage can be complicated.

The trucking industry has special rules that differ significantly from standard employment situations. As experienced North Carolina workers’ compensation lawyers know, these regulations can significantly impact who is responsible for providing the wage replacement and medical benefits you are due. Let’s break down what you need to know so that you get the workers’ comp benefits you deserve.

The Foundation: North Carolina General Statute §97-19.1

North Carolina has specific laws governing workers’ compensation for truck drivers, codified in General Statute §97-19.1. This statute creates a unique framework that applies to both interstate and intrastate trucking operations.

Who does this law cover? The special North Carolina rules apply to drivers operating trucks, tractors, or truck-tractor trailers that must be licensed by the U.S. Department of Transportation (USDOT). If your truck doesn’t require USDOT licensing, you’ll fall under standard North Carolina workers’ compensation law instead.

The “Up-the-Chain” Liability Rule

Here’s where North Carolina trucking workers’ compensation gets interesting: liability typically follows the USDOT number, not traditional employment relationships.

How It Works

When a trucking company contracts with a driver (often an owner-operator), the company becomes responsible for workers’ compensation coverage if the driver hasn’t secured their own coverage. This responsibility extends to:

1. The truck driver
2. The driver’s employees
3. The driver’s subcontractors

This “up-the-chain” liability applies even if the driver is classified as an independent contractor. While truck drivers can be either employees or independent contractors depending on the specific circumstances, this distinction matters less when determining who pays for workers’ compensation benefits.

So when truckers get injured in North Carolina, the motor carrier licensed by USDOT is generally on the hook for providing workers’ comp benefits to the injured truck driver. This includes wage replacement benefits, as well as medical treatment.

The “Mom and Pop” Exception

There’s one important exception: owner-operators driving under their own USDOT authority. If you own your truck and operate under your own USDOT number, the up-the-chain liability doesn’t apply. This allows small owner-operators to go without workers’ compensation coverage if they choose. But if mom or pop gets injured on the job, they will be without the important safety net workers’ compensation provides.

How Trucking Companies Can Protect Themselves

Trucking contractors have two main options to avoid up-the-chain liability:

1. Verify Coverage: Ensure any independent contractor has active workers’ compensation coverage for themselves, their employees, and subcontractors. Unlike other industries, a certificate of insurance isn’t enough—the coverage must actually be in place.
2. Blanket Policy: Purchase a blanket workers’ compensation policy that covers all subcontractors, their employees, and their subcontractors.

Special Note: Trucking contractors can legally deduct the cost of blanket coverage from subcontractor payments through contractual agreements—something that’s unique to the trucking industry.

What This Means for Truck Drivers

If you’re entering the trucking industry, pay close attention to your employment arrangement. Experienced trucking companies often create complex structures involving:

1. Lease agreements
2. Lease-to-own arrangements
3. Independent contractor relationships
4. Equipment ownership transfers

These arrangements can make it difficult to determine who’s responsible for workers’ compensation injuries, so give some thought to this before you begin the employment.

Watch Out for “Occupational Accident Insurance”

Many drivers are required to purchase occupational accident insurance, which looks similar to workers’ compensation by covering medical bills and disability benefits after work-related accidents. However, these policies have significant limitations:

1. Limited duration of benefits
2. Fewer protections than full workers’ compensation
3. Potential coverage gaps that could leave you vulnerable

Unlike true workers’ compensation benefits, occupational accident insurance may not provide the same level of protection or duration of coverage you need after a serious work injury.

Common Truck Driver Injuries Covered Under NC Workers’ Comp

Truck drivers face unique workplace hazards that can result in serious injuries covered under North Carolina workers’ compensation:

• Motor vehicle accidents – Often the most serious type of truck driver injury
• Back injuries – From loading, unloading, and long hours of driving (back injury claims)
• Slip and fall accidents – On wet or icy surfaces around trucks (slip and fall coverage)
• Repetitive stress injuries – From constant driving and equipment operation
• Loading dock injuries – Cuts, crushing injuries, and strains

Understanding Your Benefits as an Injured Truck Driver

If you’re injured as a truck driver in North Carolina, you may be entitled to several types of benefits:

Medical Benefits

All reasonable and necessary medical treatment related to your work injury should be covered, including:

• Emergency room visits
• Hospital stays
• Surgery
• Physical therapy
• Prescription medications
• Medical mileage reimbursement for travel to appointments

Wage Replacement Benefits

If your injury prevents you from working, you may be entitled to disability benefits based on your average weekly wage. There’s a 7-day waiting period before wage benefits begin.

Permanent Impairment Benefits

If your injury results in permanent limitations, you may receive compensation based on an injury rating that measures the percentage of permanent impairment to your body.

When Your NC Workers’ Comp Claim is Denied

Unfortunately, many NC workers’ comp claims are denied initially. Common reasons for denial in truck driver cases include:

• Disputes over whether you were an employee or independent contractor
• Questions about whether the injury occurred “in the course and scope” of employment
• Allegations that the injury was caused by your own misconduct
• Issues with timely reporting of the injury

If your claim is denied, don’t give up. An experienced workers’ compensation attorney can help you appeal the denial and fight for your rights.

What workers’ compensation trucking claims can I file in North Carolina?

The North Carolina workers’ compensation system has jurisdiction over almost all injuries that occur within the state. Injuries that happen in a state other than North Carolina can be covered by NC workers’ comp if:

• the employer’s principal place of business is in North Carolina;
• the last act of the contract of employment happened in North Carolina;
• the worker’s primary place of employment is in North Carolina.

The Claims Process for Truck Drivers

Filing a workers’ compensation claim as a truck driver involves several important steps:

1. Report the injury immediately – Don’t rely on your employer to file the claim
2. Seek medical attention – Get treatment and make sure your injury is properly documented
3. File Form 18 with the North Carolina Industrial Commission
4. Keep detailed records of all medical treatment and communications
5. Don’t settle too quickly – Understand when to expect a settlement offer

Settlement Considerations for Truck Drivers

Many truck drivers wonder whether they should settle their workers’ comp claim. Settlement decisions should consider:

• The severity and permanence of your injuries
• Your ability to return to truck driving
• Future medical needs
• Vocational rehabilitation needs if you can’t return to driving

Remember, after you settle your NC workers’ comp case, you typically cannot reopen it for additional benefits.

Key Takeaways for NC Truck Drivers

1. Special rules apply to USDOT-licensed trucks in North Carolina under NC General Statute §97-19.1
2. Workers’ compensation liability often follows the USDOT number, not employment status
3. Owner-operators with their own USDOT authority may opt out of coverage
4. Trucking companies must ensure actual coverage exists, not just certificates
5. Drivers should carefully review all contractual arrangements before signing
6. Occupational accident insurance is not the same as workers’ compensation
7. Don’t delay in reporting injuries and filing your claim

Frequently Asked Questions

Q: Can I be fired for filing a workers’ compensation claim as a truck driver?
A: No, North Carolina law protects workers from retaliation. Learn more about protection from being fired for filing a workers’ comp claim.

Q: What if I was partially at fault for my trucking accident?
A: You can still recover benefits even if you were at fault in most cases.

Q: How long do I have to file a workers’ compensation claim?
A: Timing is everything in workers’ comp cases. Generally, you have 30 days to report the injury and two years to file a claim.

Q: Can I choose my own doctor for treatment?
A: Usually, the insurance company or employer controls medical treatment initially, but you may have options later in the process.

Need Help with Your Truck Driver Workers’ Comp Case?

Workers’ compensation law in the trucking industry is complex, and if you get hurt on the job, the stakes are high. The unique rules governing truck drivers under North Carolina law require an attorney who understands both workers’ compensation and the trucking industry.

Don’t let insurance companies take advantage of the complex rules surrounding truck driver workers’ compensation. Whether you’re dealing with a denied claim, questions about coverage, or need help navigating the settlement process, having an experienced advocate on your side is essential.

Kevin Bunn is a Raleigh-area North Carolina workers’ compensation lawyer and Board Certified Expert in North Carolina Workers’ Compensation law. Contact our office for guidance on trucking industry workers’ compensation issues.

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This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should consult with a qualified workers’ compensation attorney about your specific situation.