A truck plowed into you recently, injuring you and damaging your vehicle. The truck company says the driver operates as an independent contractor rather than a traditional employee, and that you have a case with the trucker rather than the company.
Indeed explains the difference between independent contractor truck drivers and standard employees. Determine which party to seek damages from.
For workplace flexibility, employee drivers must follow more company standards and rules than independent truckers. Independent contractor drivers do not have set hours, nor do they have to wear a company uniform. Employee drivers must also follow specific routes and take specific jobs.
Company employees receive workplace benefits, and the same applies to full-time truck drivers. Other than reduced medical costs and health insurance, employee drivers may also qualify for workers’ compensation benefits. Independent contractor truckers do not receive automatic eligibility for company benefits. While contractors may select a health insurance plan, the company may not help cover its costs.
Regulations also differ for employee truck operators and independent contractors. Some states position employee drivers higher than contractors, and employee drivers may have an easier time finding work in those areas. Additional examples of employee driver regulations include requiring safety training and insurance benefits. Contactor truckers need not attend safety training or company meetings, which means they could bear more responsibility for considering their driving performance, knowledge of safety regulations and knowledge gaps.
You could seek damages from multiple parties after a truck accident. When you have all the facts on the matter, you could have an easier time making well-informed choices to protect your rights.