The transitory nature of the trucking industry creates a fairly unique issue in the sector of Workers’ Compensation. The process of handling the claim of a Florida employee working for a North Carolina based company who is injured in Georgia obviously can present logistical and legal challenges. In these cases it becomes especially important to have a firm grasp on the laws in any state that you or one of your employees operates.
Jurisdiction
In some cases the injured employee may be able to opt for benefits in a state other than the hiring state, including the state in which the incident occurred. This can dramatically change the employer’s risk factors, the administrative requirements for managing the claim, and the ultimate cost of the claim.
As much as possible, identify the states which the drivers will travel across, as well as the states where the greatest probability of incidents might occur based on weather, terrain, distances, and other factors.
It’s important to identify the states along all of your drivers’ routes, so you can determine the best way to address an injury no matter where it should occur. Developing a system for this, and educating your drivers on the differences in each state, will allow them to quickly react and get them the best care possible under their coverage.
Build your claims organization or prepare your insurer or TPA to work with you quickly when those circumstances occur, so there will be less likelihood that the employee will choose a jurisdiction other than his/her hire state.
For some companies, their drivers are actually their own owner and operator being contracted out. In this situation, many states have made it optional for these contractors to be covered by the company’s Workers’ Compensation policy. The alternative option is occupational accident insurance. This is a less comprehensive form of insurance that usually covers lost time and medical expenses up to the policy limit, but often not legal costs. Deciding which level of coverage is best for your company is a balance of cost and benefit.
Reporting
Injuries need to be reported for truck drivers in the same timely manner as they do for employees in an office. Obviously with the popularity and distribution of mobile phones, reporting is much simpler even on the road. However, in the event of an injury in a poor coverage area or an accident that leaves the claimant unable to report their injury themselves, it’s important to have a plan in place. One choice is to utilize tracking devices in their vehicles that send an alert when the driver misses a checkpoint or stops for a significant amount of time.
In any case, here are some steps to take to help ensure that a claim is reported quickly and correctly
- Provide a plan on the steps to take after an injury. This could also cover how to handle a motor accident. Included should be a list of contacts. A physical document should be placed in each vehicle, as well as an electronic version on the drivers phone.
- Tell drivers to call the contact promptly when it is safe to do so, so that the claim can be reported as quickly as possible. This allows treatment to be handled right away, if necessary.
- Direct the employee to photograph the injury from multiple angles and to take additional photos if the injury progresses or changes. This should be done even if the injury isn’t clearly visible.
Handling the Injury
In situations where the injury occurs in a remote area, one possibility is to employ the use of Teladoc services. This allows the employee to contact a doctor via video conference or over the phone, and can provide immediate response and a quick evaluation of the severity and necessity of the injury.
Dealing with care after the fact, is one of the most difficult aspects of handling a driver’s injury. If employees are remote, or stationed outside the employers state, offering modified duties may be impossible. Working with your adjuster to develop an option for these remote employees can help keep your employees encouraged and get them back to work quicker.
Changes to the Law
Laws in Workers’ Compensation and insurance in general can be tumultuous and are subject to change based on new court cases or as technology changes. Maintaining a strong understanding of the laws in your operational area can be difficult, but it’s important to have a basic understanding to better protect your business and employees.
Contact your third party administrator for more information on your state’s laws and to help develop the best plan for your organization.
