Injuries can occur in any industry; however, trucking has higher work-related injury claims. Injuries on the job are a reality for many truck drivers. Truck drivers can suffer any injury from long hours on the road or accidents caused by negligence from your employee.
Truck drivers are entitled to workers’ injury compensation like every other worker in the country. The use of a vehicle for business purposes is considered a workplace. Hence, PCBUs (Professional Conductors of Businesses or Undertakings) and workers must know the potential hazards. If you are involved in an accident on the road, what are your rights as a truck driver, and how do you file a compensation claim?
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What to Do if You’ve Been Involved in a Truck Accident?
No matter how severe or minor the accident, you would need to take the appropriate steps as soon as possible after your work truck accident.
If you suffered an injury following an accident, there is a time limit to claim compensation.
Local laws in some territories can affect the time limit for claiming worker injury compensation. The time limit usually starts on the day of the injury or accident. Ideally, you should consult a truck accident lawyer knowledgeable about the time limits. For example, claims must be filed within four days of the accident in Tasmania, whereas in Queensland must be done within six months.
For more information on how a truck accident lawyer can help you file a claim within the appropriate time limit, visit http://murphys-law.com.au.
What steps should be taken after an incident resulting in injury occurred and before claiming work injury compensation?
Report The Incident
Any injuries you sustain should be reported to your supervisor or manager. Your employee must complete an incident report form with details of the trucking accident. If your company does not have an incident report form, email your employer detailing the accident in detail. Include your union delegates in the email, and make sure that you detail the following information:
- Who was involved
- Where and how it happened,
- List any witnesses who saw the accident happen.
- A record of the injuries and hospital/doctor report
Keep Your Record of The Incident
Make sure that you keep a record of the incident report and doctor/hos for yourself. Write down the incidents encountered in your truck’s logbook so that the official form and your notes are separate written records. If you are based in Queensland, your employee must notify Workplace Health and Safety Queensland (WHSQ) and WorkCover Queensland of the incident.
Which Laws Protect Truck Drivers?
Transportation codes of conduct are generally developed and published by federal, state, or local government agencies. These codes of conduct promote compliance with applicable laws, regulations, and standards.
Besides following Codes of Practice, some laws and legislations protect truck drivers, whether you work as a truck driver for a manufacturing plant, farm, or delivery company.
- Road Traffic Act and Regulations: This act governs the use of public roads and the behavior of drivers, passengers, and pedestrians. All road users are expected to use the roads safely and responsibly.
- Work Health and Safety Act 2012 (SA): This piece of legislation aims to promote and protect workers’ health, safety, and welfare and employees from work-related risks.
- National Heavy Vehicle Law and Regulations: This law regulates the driving and use of heavy vehicles, including trucks, buses, and other heavy vehicles, in various Australian states and territories. This includes managing fatigue, vehicle standards, the maximum mass trucks can operate, and transporting dangerous goods.
How to File A Worker’s Injury Claim?
Section 256 of the Work Injury Management and Workers’ Compensation Act 1998 requires all employers to keep records of workplace injuries. This is to be included in the Accident Register according to Section 45 of the Workers’ Accidents Ordinance 2010.
Make sure the following is included when you file a claim:
- Your name, age, address
- How old were you when you were injured?
- What was your job when you were injured?
- Your employment industry when injured
- When and where the injury occurred
- The nature of your injury
- The cause of injury
To track all workplace safety incidents, all violations must be recorded in a register, regardless of whether a worker claims the violation.
Get A WorkCover Certificate
To receive WorkCover payments weekly, you must provide your employer with toilet credentials and related expense reports. The designated attending physician will issue a WorkCover certificate.
Can Family Members Make a Claim for a Deceased Worker
Truck drivers’ dependents may be entitled to compensation if they die from a work-related injury. A dependent’s claim must include the following:
- A work injury compensation claim must be made within six months after the death of a deceased worker
- A claim must be made using the Claim form for dependents of deceased workers.
- The employer of the deceased worker must receive a copy of the report.
Final Thoughts
The trucking industry has the country’s highest reported work-related injuries and deaths. Filing for work-injury compensation must be done within a specific time frame. Ensure you follow the procedure and report and record the incident that led to your injury. Alternatively, work with a truck accident lawyer to file a claim and who is knowledgeable regarding the time limits in your territory.
