Under California law, all employers are required to carry workers compensation insurance for their employees. This form of insurance covers medical expenses and partial lost wages for accidents that occur while an employee is on-duty. If the employee happens to be driving and gets into a semi truck accident that causes an injury, workers compensation can potentially apply to the resulting truck accident injury claim.
However, there are many exceptions to work-related driving that we’ll outline below. Simply put: unless your boss specifically asked you drive during work hours (“on the clock”) for a specific work-related reason, you may technically be driving at your own discretion rather than under your employer’s instructions.
If you file a workers comp claim and also file a liability claim against a third party, your workers comp plan will pay out first to cover your immediate expenses. Then, your workers comp insurance company will seek reimbursement (subrogation) for the specific expenses they covered once you receive your truck accident settlement. In some cases, your workers compensation insurer will join your claim and potentially even help cover some legal fees.
Unlike third-party liability insurance, though, workers comp only covers specific medical expenses and lost wages. It cannot compensate you for pain and suffering, mental anguish, or long-term expenses related to disability or a medical condition resulting from your eighteen wheeler accident injuries. For this reason, accident victims eligible for workers comp should also strongly consider filing a third-party claim with the help of your truck accident attorney against any potentially at-fault drivers involved in your truck accident.