Truckers are often entitled to benefits from multiple states.

Posted on by

Truckers are frequently entitled to benefits from multiple states for an injury.

Each state sets rules for applying its workers’ compensation laws. Virtually all states cover accidents that happen in that state.

Many states allow benefits if the employer has it primary location in that state. Others cover claims if the employer is doing business it the state. There are different rules in each state and you should talk to experience workers compensation lawyer to learn what laws cover your injury. However, you do not have to make a choice.

Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.

The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.

The employer is given credit for payments made and the injured worker can collect up to the maximum allowed by all the laws that cover the claim. This is very important because benefits vary greatly from state to state.

A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.

In the Midwest, Iowa generally has the most generous benefits however you can not pick the doctors who treat you under Iowa law. Nebraska law allows for full benefits while going through vocational rehabilitation which can last as long a four years. Missouri has no vocational rehabilitation and Iowa has very limited benefits for vocational rehabilitation. A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Business Travel, Doctor Choice, Truckers, Workers' Comp Q & A, Workers' Comp' Basics, Workers' Compensation and tagged , , , , , , .

3 thoughts on “Truckers are often entitled to benefits from multiple states.

  1. Pingback: Out-of-State Work-Related Injuries: What You Need to Know - Workers' Compensation Watch

  2. Pingback: What Does That Stand For? Commonly Used Acronyms in Workers’ Compensation Cases - Workers' Compensation Watch

  3. Pingback: Counterclaims in Nebraska Workers’ Compensation - Workers' Compensation Watch

Leave a Reply

Your email address will not be published. Required fields are marked *