Driving a truck is demanding, and the risks on the road are real. When you’re injured on the job, workers’ compensation should help with medical expenses and lost income. However, your right to those benefits depends heavily on your job duties, as opposed to how your employer “classifies” your role.
Are you considered an employee or contractor?
Your employment classification determines whether you qualify for workers’ compensation. As an employee, you’re typically covered by your employer’s worker’s compensation insurance that pays for work-related injuries. This includes incidents that happen while driving, unloading cargo, or even during rest/food/break periods.
If you’re treated as an “independent contractor”, your actual employer may suggest coverage does not exist. This situation can occur when a company lease trucks or pay by delivery rather than hourly/per mile, allegedly pushing drivers into the “independent contractor” category. However, legal definitions in Wisconsin matter more than job titles. Even if your agreement labels you a contractor, the actual work arrangement might prove otherwise—entitling you to worker’s compensation benefits
How misclassification affects your benefits
Some employers intentionally misclassify drivers to avoid paying for workers’ compensation insurance. If you’re listed as a contractor, you might not receive any benefits after a workplace injury. That could leave you covering medical bills and lost wages yourself. Some trucking companies provide their own “injury insurance” that is supposed to replace worker’s compensation, but even in these situations, an injured truck driver may still have access to worker’s compensation.
Misclassification of truckers creates unnecessary hardship and confusion (and many injured truck drivers don’t even know they can bring a work comp claim). If you’re hurt, you may need to prove your real status before any compensation becomes available. That process can be slow and stressful, especially if you’re unable to work.
Factors courts examine when deciding status
In Wisconsin, the worker’s compensation system does not rely on the random labelling provided by an employer—they look at the actual daily work of a truck driver. In order to be a true “independent contractor” under Wisconsin worker’s compensation law, the work situation must meet a stringent nine-point test. These include the following questions. Does the company control your schedule/work hours? Do they require specific uniforms or provide the truck? Does the trucker incur the main expenses related to the work (i.e., there should not be reimbursement for gas/food/equipment/repairs). Is the compensation determined on a per job basis? Can the trucker work for any other trucking company? If the company exercises significant control, they may legally consider you an employee, even if your contract says something else.
If you work under a company’s direction, drive their truck, and follow their rules, you may qualify for workers’ compensation. How you’re paid and how much control the company holds are key factors in determining your true employment status.
Don’t let the employers classification of your employment be the deciding factor. An injured truck driver likely is eligible for worker’s compensation benefits.