Can a Truck Driver on Disability Get Worker’s Compensation in Arkansas?
The nature of the human body is such that after years or decades of work, we can start to wear-out or develop certain delayed-onset injuries. In other cases, one particular event such as a trucking wreck or a pulled back while loading or unloading cargo can occur. In any case, many workers will attempt to work through the pain and discomfort they are feeling. While these efforts are certainly admirable, there is a certain point where every person must say, “enough is enough.” Furthermore, trucking is a job where the safety of others is dependent on your ability to maintain focus and attention. A serious injury can impact your ability to do this and may result in a subsequent accident and additional injury.
While employers have the right to challenge a claim filed by a worker, some may abuse this authority and discretion. If you run into employer resistance to you claim or questions leveled at you by the Arkansas Worker’s Compensation commission (AWCC) an experienced Fayetteville, AR Workers’ Compensation lawyer can fight for the benefits you are entitled to receive. To schedule a free and confidential consultation with a personal injury lawyer who has worked with trucker drivers and understands many of their common concerns call Ken Kieklak at Gunn, Mason, Kieklak, & Dennis LLP by dialing (479) 316-0438 or contact us online.
What Type of Medical Benefits Can I Get from Worker’s Comp?
If you are thinking of filing for Workers’ Compensation, there are some things you should know. For instance, injured truck drivers and workers can receive an array of medical benefits to treat their injury or delayed onset condition. In fact, the insurance provided by the AWCC can cover all medical care that is reasonably necessary for your recovery. This can include medical bills you incurred in the course of seeking initial treatment. This would include doctor’s bills, hospital bills, costs for x-rays and other diagnostic tests, and surgery.
The benefits can also provide coverage for continuing care that may be necessary to stabilize or improve your condition. For instance, you may be eligible to receive coverage for physical therapy to strength muscles after surgery or to improve your range of motion. You will also receive coverage for any medications or prescription drugs necessary to control or improve your condition. Likewise, you can also receive compensation for any braces, crutches, or any other corrective or assistive devices you may require.
What Type of Wage Benefits Can a Truck Driver Receive?
Injured truckers can also receive compensation for lost wages due to their disability. Wage benefits do not start immediately, however. Rather, compensation for lost wages begins on the eighth day of you disability. However, in the case that you are disabled for a longer period of time, you can receive compensation for the seven initial days. That is, after being disabled for fourteen or more days, you can receive benefits for the first seven days.
The amount of wage compensation you can receive is based not only on your salary, but also on your level of disability. The levels of disability and accompanying wage benefits are:
- Temporary total disability (TTD) – Injuries that are believed to be recoverable from but nonetheless severe and 100% debilitating. Temporary total disability is capped at 450 weeks and 66.6% of the gross average weekly wage. It is also subject to state maximum payments.
- Temporary partial disability (TPD) – An injury or disability that is not complete and expected to resolve. This category is also subject to a 450 week cap.
- Permanent partial disability (PPD) – Permanent partial disabilities will not improve and do not result in 100% disability. There is a schedule set forth in §11-9-521 detailing the payments for each affected body part.
- Permanent total disability (PTD) – Permanent total disability is the most serious level as the condition will not improve and is a 100% disability. Permanent total disability claims filed on or after 1/1/2008 are subject to benefits caps that are adjusted annually.
For a more detailed understanding of the exact benefits and levels of wage compensation a truck driver can expect to receive from his or her worker’s compensation claim, you can consult our Arkansas Worker’s Compensation Guide or contact an experienced worker’s comp attorney in Arkansas.
Worker’s Compensation Lawyer Serving Bentonville, Fayetteville, and Beyond
For more than 20 years Ken Kieklak of Gunn, Mason, Kieklak, & Dennis LLP has fought for injured, hard-working people. To schedule a free and confidential consultation with a workers comp attorney, call us at (479) 316-0438 today or contact us online.
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