Hurt while on the job

[arkjarhead]

I was pulling flatbeds for a company as an employee(their equipment) last July. While untarping the load i got to hot fainted and busted my head and eyebrow on the trailer. The ambulance got there rushed me to the hospital. all this time i'm blacked out so i can't tell them not to take me to the hospital. i get sewed up there and a nurse's husband drove me to the truck stop because another driver finished my unloading and took the truck to the truck stop. I racked up $5,000.00 worth of medical bills and the company refuses to file it on their worker's comp insurance or pay any of the bill. They found me a load close to where i was at and had me drive with my right eye completely swollen shut. that was kinda scary. anyway, what do i do to make them fulfill their legal obligation and file it on worker's comp?

 

[Jack_Berry]

have you talked to the state workmans compensation board? you may need a lawyer to talk to the company about covering this if its gone on this long. the company is betting that you won't get a lawyer and just go away.



Jack Berry

 

[JohnO]

Join OOIDA and have them assist you
Call 800-444-5791

 

[RichM]

I think they are going to look at this incident that what happened to you was not a result of your job. You said it was hot and you fainted while untarping the load. They will claim that the untarping did not contribute to your fainting,but some other health related issue did this.

Best to get one of the contingency fee based TV attorneys in on this. However why in the world did you continue to drive with only one eye operable,dangerous stuff for sure.

 

[davekc]

I would agree to consult an attorney. If it was hot, they likely will find the driver was somewhat at fault because if you were hot and continued to work, that would be on the driver. Unless of course, the carrier demanded that you continue to work. Documentation starts to come into play in these scenerios.
The second issue is driving a vehicle while injured. That would be considered illegal unless you had a waiver for the condition.
The carrier is at fault if they demanded you continue to drive. If the driver took it upon himself, then the driver was likely at fault.
Just my take, but not a legal opinion.









Davekc
owner
22 years
PantherII
EO moderator

 

[terryandrene]

I think RichM might have seen to the reason your claim was refused. The Workers Comp folks might think that your war injuries were the primary contributor to your passing out and resultant injury. They also might have viewed the fact that you have a color deficit condition, that only allows you to see the color blue. If that is true, you cannot legally hold a CDL, so you shouldn't have been injured in the first place.

We hope that you can find peace with whatever solution you can achieve with this incident

 

[hedgehog]

Sorry about your misfortune.

However, your adversaries (be they the Company attorneys or the Workmen's Comp) will argue you couldn't have been injured that severely because you accepted a load shortly thereafter.

The statement that "They found me a load close to where i was at and had me drive with my right eye completely swollen shut. that was kinda scary. " will demonstrate their argument.

Nobody made you do anything you didn't want to do.

Good luck.

Be safe.

 

[jaminjim]

In Ohio the company has nothing to do with filing the claim if, and I mean a big IF it is the state's insurance. You need to feed the Lawyers family in order to find out what to do.

 

[Broompilot]

By some this is considered gambling. OOIDA has a Occupational Workers Disability Program. I have looked into this and it is outstanding, what you explained would be covered 100% by them. The cost starts at around $80 for a half a million policy and $130 for a million.

Any work related injury is covered while you are on the clock. Minus Heart problems etc.. Passing out from heat would be included as you were on the truck performing a function. This, as a past employer would also should be covered under workers comp, and as for them fighting it, you will have the state and states attorneys on your side, sinc all workerscomp claims are paid thru a state fund. When one of my employees were injured I just gave them the phone # and I could do nothing else for them period. It was between them (employee) and the State. States like spending others money also.

I cannot secure this policy in North Carolina OOIDA due to some stupd bill that was passed that get this says I am not actually 100% self employed since I am LEASED to a carrier? I cannot get workerscomp thru my carrier since they do not have a policy. Talk about catch 22.

Are you reading anyone from OOIDA, NC is the only state that has this exemption according to the Insurance Office of OOIDA. Gotta love it living in the N.C.

 

[nightcreacher]

broom, to late he already has been injured, but if this is a workmans comp claim,im afraid they will say the heat was the factor,and he should have taken a break,but,if company forced him to keep going,he might then own the company.

 

[Broompilot]

I realize it allready passed, just letting others know that this kinda policy is available and even the half a million dollar one is a great deal. If one does have a Carrier that has no workers coomp.

Second the one thing that I do not believe you all understand. There is no fighting a workers comp case from an employers side. Thus this is why it is mandated thru the State. The State will be the one deciding Yes or NO and employeer has no say so. An investigation report will be required but its soley between the Employee and the State, the only thing the employeer has to do with anythibng is pay the premiums thats it.

So when an accident does happen, no matter what the employee has coverage (insurance) thats why States mandate this for employees but its paid for from the employeer. And if you violate the rules and are skirting around this YOUR IN BIG TROUBLE. In NC the fine is no less than $5K plus three times the cost of the total Medical Bill and time away from work.

 

[jaminjim]

I am sure that it is different state to state, But in Ohio as the employer, I could contest a claim. Then there would be a hearing that I could attend. We could require him/her to see a doctor of our choice. Or just show up to throw in our two cents.

An example was when a guy had worked for us four hours and went to the clinic for carpal tunnel syd. He had been a house framer for 20 years off the books (paid cash). The State was going to allow the claim.