Injury Liability

[Streakn1]

You are dispatched to assist another truck load or unload their freight. In the course of assisting you are injured inside of their box. Say that you are not at fault for your injury or only have a partial responsibility for your injury. The injury causes you to loose time from being able to work (make revenue to your own truck).

Does the owner of the truck that you were injured in have any financial obligation above and beyond what your accident insurance covers in this type of situation?

 

[greg334]

You are dispatched to assist another truck load or unload their freight. In the course of assisting you are injured inside of their box. Say that you are not at fault for your injury or only have a partial responsibility for your injury. The injury causes you to loose time from being able to work (make revenue to your own truck).

Does the owner of the truck that you were injured in have any financial obligation above and beyond what your accident insurance covers in this type of situation?

I am not sure but I think it is no, because you are contracted to do a job at the same company and it could be considered a only a work place injury. But in all honesty, call a lawyer to get a straight answer because there are too many variables involved.

The reason I say get a lawyer who you build a relationship with is trust. Many will take care of you by doing more research if they know you and you can trust their answer.

 

[pjjjjj]

I'm not the lawyer Greg is rightfully suggesting you talk to, but in this day and age where people seem to be lawsuit-happy, the owner of the truck could be sued, along with the carrier and anyone else they can drag into it in the hopes of getting money.

I would think the truck owner's (the one in which the injury took place) insurance would cover the liability of someone injuring themselves while on his truck, however I'm sure he wouldn't be happy to have that kind of claim against him.

Also, wouldn't the injured guy have worker's compensation insurance for getting injured while on the job?

If it were me and I were partly at fault for my own injury, I would think it's just one of those bad things that happen sometimes, like when you step on a rake and the handle comes up to bonk you in the face and you end up losing an eye or something. Who ya gonna sue?

Another one of those risks that biz owners take.

 

[Turtle]

...like when you step on a rake and the handle comes up to bonk you in the face and you end up losing an eye or something. Who ya gonna sue?

Well, the rake manufacturer, of course. The importer, if there is one. The retailer who sold the rake, too. In addition, anyone in the neighborhood who let you keep up with the Jones and failed tell you about the dangers of the rake are also likely culpable. If you are on any meds, well, that opens up a whole can of pharmaceutical worms, a real bonanza right there.

 

[greg334]

Well the problem is that even if the other owner has worker comp or some other type of insurance, you are at work and covered by your insurance.

Thinking about it there also may be a clause in the contract you sign that pretty much puts the company's liability in such cases to Zero. There are a lot of factors involved, especially with work related injuries where you are a contractor and the best advice is to get professional help.

 

[davekc]

I am not sure about "In the box", but I am aware of two owners getting sued with liftgate injuries and lost over the past year.
So yes, it can happen. One but not limited to one of the many reasons I no longer have liftgates on my trucks.
I personally think they make better summertime porches.
In one case the driver sued the driver and won because there wasn't "enough" slip resistant material on the deck.
The other one was a driver putting too much weight on the gate, and the weight amounts weren't posted on the back visible to the operator. Of course he should have known......but, as Turtle mentioned, kinda like the rake. He fell off with the load. I believe they settled for 9k and medical.

 

[pjjjjj]

Well, the rake manufacturer, of course. The importer, if there is one. The retailer who sold the rake, too. In addition, anyone in the neighborhood who let you keep up with the Jones and failed tell you about the dangers of the rake are also likely culpable. If you are on any meds, well, that opens up a whole can of pharmaceutical worms, a real bonanza right there.

Ah, I also forgot about the neighbour's liability in this, whose dog was fertilizing the lawn. Come to think of it, that rake didn't have any big instructions posted on the blades listing eye poked-outedness as a possible side effect. Has anyone else experienced this problem, perhaps a class action suit could be initiated!

My insurance agent was telling me today how her husband was named in a lawuit as the umpire of a boys' baseball team, becuz the boy fell on rough ground in the field, injuring his head, and the ump should've known about the ground. The family was suing anyone remotedly involved.