Are Truck Drivers Employees Or Independent Contractors?

Most long-haul truck drivers are assumed to be independent contractors – but are they? If you’re a trucker, ask yourself these questions:

• Who decides when you work?
• Who decides the route you take?
• Who decides where you get gas?
• Who owns the cab? The trailer?
• Whose logo is on the cab? The trailer?
• Do you have to wear a uniform?

There’s a reason why the answers to such questions are so important. Even if you are paid as a 1099 and have a contract that describes you as an “Independent Contractor,” it doesn’t necessarily mean that you aren’t an employee entitled to workers’ compensation benefits.

For instance, let’s say you’re hauling a load across the state and your truck gets blown over by strong winds, causing you injuries. Are those injuries covered under workers’ compensation? It’s a very fair question to ask, especially if the company told you what routes to take, where to get gas, etc. Because if they did in fact make such decisions and expect you to follow all of their directives, it may mean you’re considered an employee rather than an independent contractor. And this means you’re entitled to disability and medical benefits under Illinois’ workers’ compensation laws.

The best way to know where you stand after an injury is to have a conversation with one of our personal injury attorneys at Gordon Gordon & Centracchio. We can better determine whether you’re an employee or independent contractor as well as provide some much-needed guidance on your next steps from here. Don’t head out on the road again without talking to us today at 312.332.5200.