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THE SHORT ANSWER
Two things worth knowing before anything else. Most driver injuries are not crashes — they happen getting into and out of the cab, and moving freight, and those are the ones that get treated as minor and turn out not to be. And when it is a crash, the third-party case is usually worth more than the comp claim, because workers’ compensation pays nothing for pain and suffering.
Am I even covered? The classification question
If you are an employee, you are covered. If you were told you are an independent contractor, that is a question, not an answer.
AB 5 and the ABC test apply to California trucking. The industry’s challenge to that — California Trucking Association v. Bonta — did not ultimately exempt trucking from AB 5, and the U.S. Supreme Court declined review. Owner-operator arrangements in California are subject to the classification analysis.
And § 3357 presumes that any person rendering service for another is an employee. Misclassification is a factual question about control, and the burden is on the company.
A “lease-purchase” or “owner-operator” agreement does not decide the question. Whether the company controls your routes, your schedule, your appearance, your equipment, and your ability to work for others does.
Uninsured employer Rideshare and gig drivers
If the company genuinely carried no coverage: UEBTFUEBTF Uninsured Employers Benefits Trust Fund. Pays benefits where the employer was illegally uninsured., plus a civil action with negligence presumed. App-based delivery is different — see rideshare and app-based drivers.
The injuries this work actually produces
GETTING OUT OF THE CAB
Three-point-contact falls, ankle and knee injuries, and — because drivers step down onto uneven yard surfaces thousands of times — cumulative knee and ankle damage.
FREIGHT HANDLING
Loading, unloading, pallet jacks, hand trucks, liftgates, tarping, strapping, and moving freight up steps in last-mile delivery. Backs and shoulders.
WHOLE-BODY VIBRATION AND PROLONGED SITTING
A documented risk factor for lumbar degeneration, and the foundation of the cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed. back claim in this industry.
TRAILER AND EQUIPMENT WORK
Landing gear, fifth wheel, kingpin release, cranking dollies, opening frozen doors. Shoulders, wrists, and hernias.
CRASHES
Including the ones that are not your fault and the ones where you were struck while outside the vehicle.
DOG BITES IN LAST-MILE DELIVERY
Which are both a comp claim and a homeowner’s liability claim.
HEAT
In box trucks and trailers without working air conditioning. Where the cab or cargo area is enclosed, the indoor heat rule — 8 CCR § 3396, in effect since July 23, 2024 — can apply once it reaches 82°F, including for short periods in a vehicle without working air conditioning. Work outside the truck falls under the outdoor rule, § 3395.
DIESEL EXHAUST AND PORT DRAYAGE EXPOSURE
Particularly in Long Beach and San Pedro operations.
ASSAULT AND ROBBERY
Which opens the psychiatric rating exception.
The third-party case
In any crash, identify everyone: the other driver and their employer, where they were working. The shipper or receiver, where improper loading caused a shift or a fall. The broker, in some circumstances. The trailer or equipment owner, where it is a different entity than your employer — which in drayage it usually is. Maintenance contractors, where a brake, tire, or coupling failure is involved. The manufacturer, in a product case. A property owner, where a dock, yard, or approach was unsafe. And the government entity, in a dangerous-roadway case — which carries a six-month claim presentation deadline that is far shorter than everything else.
Freight and telematics data — ELD records, dash camera footage, GPS, and the tractor’s ECM — is the best evidence in a trucking case and it is routinely overwritten on a cycle measured in weeks. A preservation demand should go out immediately.
Frequently asked questions
I’m an owner-operator. Am I covered?
Possibly. AB 5’s classification test applies to California trucking, the law presumes employee status, and the burden is on the company. A lease agreement does not settle it.
My injury happened getting out of the truck.
Extremely common, frequently under-treated at the start, and often the beginning of a cumulative knee or ankle claim.
I was hit by another driver.
You have both a comp claim and a civil case, and the civil case pays for pain and suffering. Get the electronic data preserved immediately.
My back hurt for years and finally gave out.
That is a cumulative trauma claim. Whole-body vibration and prolonged sitting are recognized contributors, and the § 5412 date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this. is usually recent.
It’s 110 degrees in my truck.
Where the cab or cargo area is enclosed, the indoor heat standard, 8 CCR § 3396, can apply from 82°F — including for short periods in a vehicle without working air conditioning. Work outside the truck falls under the outdoor standard, § 3395.
Sources
Labor Code § 3357§ 3706§ 3708§ 4660.1(c)(2)(A)§ 5412AB 5California Trucking Association v. Bonta8 CCR § 33958 CCR § 3396 (effective July 23, 2024).
General information about California law, not legal advice about your case.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/industries/truck-delivery-drivers/ · Last reviewed