It depends on your lease and your state. Many leased-on owner-operators aren't covered by the carrier's workers' comp, so the first place to look is often an occupational accident policy you bought or that's deducted from your settlements. If another driver or company caused the crash, you may also have an injury claim against them. Some states treat certain owner-operators as employees anyway.
For injured truck drivers
Start with your lease
Pull out the lease you signed with the carrier. Federal leasing rules in 49 CFR Part 376 require the lease to be in writing and spell out things like compensation, who pays which expenses and any charge-backs to you. If the carrier deducts insurance from your settlement sheet, the lease is supposed to say what coverage it is and what it costs.
Look for the words occupational accident, workers' compensation, or insurance charge-back. Then look at your settlement sheets for a weekly or monthly deduction. That line item often tells you what policy you're actually paying for.
Occupational accident insurance is not comp
A lot of carriers require leased owner-operators to carry occupational accident coverage, often through a group program. It may pay medical bills, a weekly disability benefit and a death benefit. But it's a private policy with limits, waiting periods and exclusions. It isn't the state comp system, and it plays by the policy's rules, not the comp statute.
Get a full copy of the policy, not just the certificate. Read the benefit caps and how long disability payments last. If a claim gets denied, the reason will usually trace back to the policy wording.
When an owner-operator is treated as an employee
Calling you an independent contractor on paper doesn't settle it. Some states look hard at how much control the carrier has over your routes, loads and schedule, and may find you're an employee for comp purposes. A few states have specific rules for leased owner-operators. This varies widely, so it's a question for a lawyer licensed in your state.
If you do turn out to be covered by comp, that can also change whether you can sue the carrier, since comp is usually the exclusive remedy against an employer.
Third-party claims still count
If the crash wasn't your fault, the other side's insurance may owe you. Interstate carriers have to carry minimum liability coverage under 49 CFR Part 387, so another trucking company that hit you should have a policy behind it. That claim can cover your medical bills, lost income, pain and suffering and damage to your truck.
Your truck is also your business. If it's down, you may be losing revenue while still owing the note and insurance. Keep records of that so it can be counted.
If you have no coverage at all
Some owner-operators find out after the crash that they never had an occupational accident policy, or that it lapsed when a deduction was missed. If so, your options narrow to your own health insurance, any disability policy you carry and claims against other parties who caused the wreck.
It's still worth checking whether the carrier was supposed to provide or require coverage under the lease and didn't. A lawyer can compare the lease terms to what actually happened on your settlement sheets. Don't assume you're out of luck because the first adjuster said no.
What to do now
- Get a copy of your lease and your last several settlement sheets.
- Find the occupational accident policy itself and file a claim under it quickly. Many have short notice deadlines.
- Keep your truck payment, insurance and repair invoices to show business losses.
- Write down who else was involved and their DOT numbers if you have them.
- Get a free case review to sort out comp, occupational accident and third-party options for your state.
Go deeper
Related questions
Sources
- 49 CFR Part 376: Lease and Interchange of Vehicles — eCFR (National Archives)
- 49 CFR Part 387: Minimum Levels of Financial Responsibility for Motor Carriers — eCFR (National Archives)
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.