If you are a commercial driver and you were injured driving for your employer in Los Angeles, you have the right to workers’ compensation (workers’ comp) — and, if another driver was at fault, you may also have a second personal injury lawsuit. California law requires your employer to pay for your full medical treatment and a portion of your wages while you recover. Call attorney Jerry Jacobson at 1-800-529-7910. The consultation is free, confidential, and available in Spanish.
Commercial drivers keep Los Angeles moving. They drive delivery trucks, box trucks, cargo trucks, company vans, and service vehicles on the 5, the 405, the 710, the 110, and the 101 every single day. It is one of the most dangerous jobs there is, because it combines Southern California’s deadly traffic with long hours, heavy loads, and pressure to deliver on time. When a driver gets hurt, the insurance company fights hard to pay as little as possible. Here we explain exactly what the law entitles you to.
Do I have the right to compensation if I’m a commercial driver?
Yes. If you are an employee and you drive as part of your job, you almost always have the right to workers’ compensation when you are injured driving. It doesn’t matter whether you drive a delivery truck, a box truck, a company van, or a construction company’s truck. If the accident happened while you were doing your job, you are covered.
Workers’ compensation is a “no-fault” system. That means that even if the accident was your fault, you still have the right to medical treatment and a portion of your wages. You do not have to prove that someone else made a mistake — only that the injury happened at work.
One important point: this article is for drivers who are employees. If you drive for apps like Amazon Flex, Uber Eats, or DoorDash, your situation is different and you have special rules. Read our guide for app delivery drivers in Los Angeles.
The most common commercial driver injuries
After more than 30 years representing injured workers in Los Angeles, these are the injuries we see most in drivers:
Traffic collisions. Accidents on Southern California’s freeways — the 5, the 405, the 710 — cause serious neck, back, head, and bone injuries. A high-speed crash or a rear-end impact can leave a driver with permanent damage.
Back and shoulder injuries from loading and unloading. Lifting heavy boxes, pushing hand trucks, pulling pallets, and unloading merchandise wears down the back over time. Many driver injuries don’t happen while driving, but while loading.
Falls from the cab or the trailer. Stepping down from the truck the wrong way, slipping on a wet step, or falling off the back platform causes ankle, knee, and wrist fractures.
Whiplash and neck injuries. Very common in rear-end crashes, even at low speed. The pain sometimes appears days later.
Injuries from prolonged sitting and vibration. Driving many hours a day causes chronic lower-back problems and sciatica from vibration and poor posture.
Fatigue-related injuries. Long schedules and pressure to deliver quickly cause exhaustion, which in turn causes accidents. A tired driver is a driver in danger.
Another driver hit me. Can I sue in addition to workers’ comp?
Yes, and this is the most important thing an injured driver needs to understand. If another driver caused your accident while you were working, you have TWO cases at the same time:
1. Your workers’ compensation claim against your own employer, which pays your medical treatment and part of your wages regardless of who was at fault.
2. A personal injury lawsuit against the driver who hit you and their insurance company. This second case can pay you for pain and suffering, something ordinary workers’ compensation does NOT cover.
This can mean much more money for you. For example, if a drunk driver struck you on the 710, or someone rear-ended you on the 405, your third-party case may be worth much more than your workers’ comp alone. We handle both cases at once and make sure the insurance company doesn’t shortchange you. Learn more about third-party claims in a work injury.
I’m undocumented or paid in cash. Do I still qualify?
Yes. In California, undocumented workers have exactly the same workers’ compensation rights as any other worker. The insurance company will not ask about your status in order to pay you, and it has no right to use it against you. Being paid in cash also does not eliminate your rights: what matters is the reality of your work, not how you are paid. Learn more in our guide to workers’ compensation for undocumented workers in Los Angeles.
What benefits can I claim?
Workers’ compensation in California provides several types of benefits. These are the main ones an injured driver can receive:
100% paid medical treatment. Visits, X-rays, MRIs, surgeries, physical therapy, and medication — all covered, without you paying out of pocket.
Payment while you can’t work (temporary disability). Generally two-thirds of your weekly wage, tax-free, while the doctor says you cannot drive.
Permanent disability payment. If the injury leaves you with permanent damage — a back that never healed, a damaged neck — you have the right to additional compensation.
Retraining voucher (up to $6,000). If you can no longer drive professionally, you may receive a voucher to train for a new career.
If the insurance company has already denied your claim, don’t give up — it is very common and it can be fought. Read what to do when your workers’ comp claim is denied in Los Angeles.
The insurance company will try to say it was your fault
In driver cases, the insurance company almost always tries to blame you in order to pay less or deny your claim. They will say you were driving too fast, that you didn’t look, that you were distracted. Remember two things: first, workers’ compensation is no-fault, so even if you made a mistake, you still have the right to treatment and part of your wages. Second, in the case against a third party, California uses “comparative negligence” — even if you are partly at fault, you can still recover money. Don’t accept being told you have no case without first talking to a lawyer.
Mistakes that can cost you your compensation
We have seen many drivers lose the money they deserved because of mistakes that could have been avoided. Don’t make these:
Waiting too long to report or file. The longer you wait, the easier it is for the insurance company to say the injury didn’t happen at work.
Giving a recorded statement to the insurer without a lawyer. The adjuster sounds friendly, but their job is to find a way to pay you less. Anything you say can be used against you.
Returning to driving before you’re ready. If you go back too soon and get hurt again, your case gets complicated. Follow your doctor’s orders.
Accepting the first offer. The first offer is almost always far less than your case is worth, especially when there is a responsible third party. Don’t sign anything without a lawyer reviewing it.
Not reporting the crash to the police. When there is a third party, the police report is key evidence. Ask for it whenever you can.
What should I do after an accident while driving?
What you do in the first few days can decide your case. Follow these steps:
1. Report the injury to your employer as soon as possible. In California you generally have 30 days to give notice, but the sooner the better. Put it in writing.
2. Get medical attention. Your health comes first. If it’s an emergency, go to the hospital — many drivers in the area end up at LAC+USC Medical Center. Keep all the paperwork.
3. If another driver was involved, call the police and get the report. Take photos of the vehicles, the scene, and your injuries. Write down the other driver’s information and any witnesses.
4. Ask for the claim form (DWC-1). Your employer is required to give it to you. Fill it out and keep a copy.
5. Talk to a lawyer before signing anything. Especially if there was a third party, don’t accept any offer without a lawyer reviewing your case first.
Legal deadlines you can’t miss
In California, you generally must report your work injury within 30 days and file your workers’ compensation claim within one year. For a personal injury lawsuit against the driver who hit you, the usual deadline is two years from the date of the accident. These deadlines are strict. If you let them pass, you can lose your right to compensation forever. Evidence from a crash disappears quickly — which is why it doesn’t pay to wait.
Why choose attorney Jerry Jacobson?
Attorney Jerry Jacobson and his team have spent more than 30 years fighting for injured workers in the Hispanic community of Los Angeles. We have recovered more than $250 million for our clients. We handle both workers’ compensation cases and traffic lawsuits against third parties, so we know how to get the most when there are two cases at once.
We work on contingency: we charge nothing unless we win your case. There are no hidden costs and nothing comes out of your pocket. We handle the entire process in Spanish. We also protect you against retaliation — it is illegal for your employer to fire you for filing a claim. If it has already happened to you, read about being fired in retaliation after a work injury.
We serve drivers throughout Los Angeles County: from Koreatown, Boyle Heights, East Los Angeles, South Gate, and Huntington Park, to the industrial zones of Vernon, Commerce, and the port. We know the freeways where these crashes happen and we know the workers’ compensation courts (the WCAB office in downtown Los Angeles).
Law Offices of Jacobson & Associates
3580 Wilshire Blvd, Ste 1600
Los Angeles, CA 90010
Phone: 1-800-529-7910
Free consultation, 24/7, and always in Spanish.
If you were hurt driving for your job in Los Angeles, don’t wait. Contact us today or call 1-800-529-7910. We review your case for free and in your language. Learn more about your rights in a workplace accident in Los Angeles.
Frequently asked questions about commercial driver injuries in Los Angeles
The accident was my fault. Do I still have the right to workers’ comp?
Yes. Workers’ compensation is no-fault. Even if the crash was your mistake, you have the right to medical treatment and a portion of your wages while you recover. Fault only matters for a case against a third party, not for your workers’ comp.
Another car hit me while working. Can I get money for pain and suffering?
Possibly yes. Workers’ compensation does not pay for pain and suffering, but a lawsuit against the driver who hit you can. When there is a responsible third party, you have two cases at once and can recover much more. Call us to review it for free.
I hurt my back loading, not driving. Does it count?
Yes. Any injury that happens while you are doing your job is covered, including injuries from loading and unloading. Many driver injuries happen away from the wheel, and they all count.
I drive for an app like Uber Eats. Does this article apply?
Your situation is different. App drivers have special rules under Proposition 22. Read our specific guide for app delivery drivers, or call us to review your case — there are often still options, especially if another driver was at fault.
How much does it cost to hire a lawyer?
Nothing upfront. We work on contingency: we only get paid if we win your case, and the fee comes out of the recovery, not your pocket. The initial consultation is completely free.
Can my employer fire me for filing?
No. In California it is illegal for your employer to fire you, cut your pay, or threaten you for reporting an injury or filing a claim. If they do, you have the right to an additional retaliation case.
Do you help undocumented drivers?
Absolutely. We represent workers regardless of their immigration status, and we don’t share your information with anyone. Your right to compensation is the same, and we handle the entire process in Spanish and with complete confidentiality.