Workers Compensation for Truck Drivers
Truck drivers remain Australia’s most at-risk workers, consistently reporting the highest rates of work-related injuries over the past decade. With more than 161,500 truck drivers in Australia, it is essential that drivers understand their rights and options for seeking compensation. The truck driving workforce has been increasingly aging over the past few years. This, combined with their longer average working hours, makes drivers more at risk of workplace injuries.
At Anvil Legal, we specialise in providing dedicated legal representation to truck drivers, ensuring they receive the compensation they deserve.
Common Truck Driver Injuries
Working in the trucking and transport industry involves exposure to numerous hazards that can lead to severe injuries. These injuries can be from sudden workplace accidents or conditions that have developed over time. According to Safe Work Australia, truck drivers alone make up 23% of all work-related injury fatalities over the last ten years. The leading injuries for serious claims in the trucking workforce are:
- Body Stressing: Back, shoulder & knee injuries from lifting and manual handling of cargo.
- Falls, Trips and Slips: Injuries caused by falling from vehicles, heights, etc.
- Being Hit by Moving Objects: Struck by machinery or equipment, falling objects, or forklift accidents.
- Vehicle Incidents: Motor vehicle accidents.
- Operating Conditions: Long hours on the road, exposure to unpredictable environments and time pressure.
- Physical Demands: Operating heavy machinery and manual handling of heavy freight.
- Fatigue & Psychological Stress: The long, unusual hours of drivers contribute to increased fatigue. This can lead to long-term health problems like heart disease, chronic pain, high blood pressure, as well as mental health struggles like anxiety and depression.
What Compensation Can Truck Drivers Receive?
Workers Compensation in Western Australia is designed to cover income loss and recovery costs resulting from a work-related injury. This may include:
- Weekly Income Payments: Payments that fully or partially replace your normal wages while you recover.
- Medical and Rehabilitation Costs: Doctor visits, surgery, physiotherapy and medications are covered when approved.
- Rehabilitation and Return-to-Work Programs: Approved rehabilitation and support programs to help injured workers restore their physical and mental health.
- Permanent Impairment Compensation: In some cases, an injury that leads to permanent impairment may qualify workers for additional compensation.
Am I Covered as a Truck Driver in Western Australia?
Trucking workers compensation coverage depends on how you’re employed. Since there are several ways to be hired as a driver, eligibility requirements for compensation can vary.
- Employee Truck Drivers: If you are paid wages or a salary and your employer controls your work, you are almost always covered. Your employer’s insurer is responsible for compensation.
- Labour Hire Truck Drivers: A driver supplied by a specialised labour hire provider to a company for temporary transport needs. These drivers are usually covered by the labour hire company, not the host business.
- Contractors & Owner Drivers: These drivers own their own trucks and are hired under contract. These drivers usually don’t meet the definition of a worker and therefore, are not covered by workers compensation in Western Australia. However, if your trucking business is set up as a Pty Ltd company and you are on the books as an employee, the company should have workers’ compensation insurance to cover you, the employee (you should check if you are unsure). In which case, you may be entitled.
If you are unsure which category you fall into, it’s best to seek legal advice.
Trucking Workers Compensation: How We Can Help
If you are injured during your employment as a truck driver, you may be entitled to a workers’ compensation claim. Anvil Legal can help injured workers at all stages of their compensation claim. The goal is to get you fair compensation for your work injuries. We offer a free consultation and our No Win No Fee Solution* to most truck drivers with work-related injuries. Our team can help build your workers’ compensation claim by seeking out any supportive evidence, and we can make applications that may be necessary to obtain workers compensation entitlements.
Get in touch with Anvil Legal workers’ compensation lawyers for a free consultation. We will discuss your claim over the phone or at an appointment at no initial cost to you.