Loading Accident-Need Info

[Big Al]

Several days ago our driver (my Son) was prepping our van to take on a load. While positioned on the ramp the load came out on a hi-lo (which he didn't hear) and the hi-lo driver hopped off the hi-lo to open the door without setting the parking brake and the hi-lo went forward and pinned him between the hi-lo and the van.
After screaming they removed the hi-lo and sent him to the ER by ambulance. There appears to be no broken bones; however,there is extreme swelling, brusing,etc and he's been on crutches since the accident.

We have a copy of the accident and the company has "manned up" and admitted it was their negligence. We are in the process of working with our Insurance Company about the Accidental & Occupational health and he's seeing an Orthopedic Specialist where he lives tom.

What I need to know is if any other drivers have had similiar accidents and do you all have any suggestions on some bases we need to make sure are covered. We appreciate your experience.

We are concerned with long term Medical needs and expenses. Also what about lost revenue? We've been around expediting for over 10 years and this is a new experince for us.

God Bless You

Big Al

Snowbound Branson Missouri

 

[BillChaffey]

Big Al & Mrs. Big Al, hope your son fully recovers. That being said, being close to Springfield you cant turn on a TV (not that I have one) with out a Lawyer offering to sue anyone, any time, any place, any amount.

 

[chefdennis]

I would contact a lawyer asap...if only for the advise you are seking here....as for long term..id would not sign off an any offers from "their" insurance company...and a lawyer can make sure he is protected in that aspect also...loss of revenue...that might be a struggle, but not impossible...again a lawyer will probably be needed...God's speed in sons recovery

 

[Big Al]

Our Son is in South Carolina and you're absolutely correct on the lawyers especially with transportation in our area

 

[Brisco]

What is a "Hi-Lo"??

Never heard of that piece of equipment before.

Wishing your son a quick recovery too...........

 

[scottm4211]

What is a "Hi-Lo"??

Never heard of that piece of equipment before.

Wishing your son a quick recovery too...........

Isn't that another name for a forklift?

 

[purgoose10]

Several days ago our driver (my Son) was prepping our van to take on a load. While positioned on the ramp the load came out on a hi-lo (which he didn't hear) and the hi-lo driver hopped off the hi-lo to open the door without setting the parking brake and the hi-lo went forward and pinned him between the hi-lo and the van.
After screaming they removed the hi-lo and sent him to the ER by ambulance. There appears to be no broken bones; however,there is extreme swelling, brusing,etc and he's been on crutches since the accident.

We have a copy of the accident and the company has "manned up" and admitted it was their negligence. We are in the process of working with our Insurance Company about the Accidental & Occupational health and he's seeing an Orthopedic Specialist where he lives tom.

What I need to know is if any other drivers have had similiar accidents and do you all have any suggestions on some bases we need to make sure are covered. We appreciate your experience.

We are concerned with long term Medical needs and expenses. Also what about lost revenue? We've been around expediting for over 10 years and this is a new experince for us.

God Bless You

Big Al

Snowbound Branson Missouri

I was injured while unloading at a customers in 2005. Without going into details it required extensive surgery twice on my right shoulder and side. I was down for two years. I hope you have acc insurance or W/Comp. And above all get a good accident lawyer, you will need it. No one will pay anything without having an attorney. If you don't get an attorney and try and do it yourself, you will not win, period. The companies insurance will make it your fault he got hurt. It doesn't cost anything to at least talk to one. DO IT.

 

[ATeam]

This is a work accident event, governed by state laws and the occupational accident insurance contract. Your son is not a company employee but a contractor on the property.

Into play may come the laws of the state where the accident happened or the state in which the injured person resides.

State laws typically limit recovery of damages to workers compensation benefits or work accident benefits, unless the claimant can show willful negligence on the part of the company that is responsible for the accident occurring.

Willful negligence means that the company knew or should have known that someone would have been injured or possibly killed by the actions taken. In a dispute, it would likely be argued that the hi-lo driver's actions that you reported were negligent but not willfully negligent.

This from my wife Diane who once worked as an attorney specializing in workers compensation (not occupational accident). The above is not offered as legal advice but simply to show how complex your case will quickly become if a contested claim develops.

A likely outcome is that your son's occupational accident insurer will seek reimbursement from the company's insurance company for money paid out on your son's claim. How much will be paid and for how long is a function of the kind of coverage your son has under his policy and how willing the insurance company is to pay.

Many attorneys offer free consultations for initial appointments in work accident cases. If you go to one, make sure ahead of time that there in fact is no charge for the initial consultation.

Also try to find an attorney who actually specializes in work accident cases. Many advertise that they do but they do not actually work the cases. They troll for victims and make their money by collecting referral fees from the attorneys who actually know what they are talking about and actually work the cases. An attorney (not the law firm but the human being) whose work load consists of 1/3 or more of work accident cases is who to look for.

Diane used to go up against firms that only did a few workers compensation cases a year and in her words, "ate their lunch." The laws are too complex for a casual approach to this specialized field. Amateurs have two faults. (1) They are easily defeated. (2) They have been known to give bad advice.

Recommended reading:

Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It by Jay M. Fienman

 

[greg334]

Also try to find an attorney who actually specializes in work accident cases

This is very good, and very important advice.

SO DON'T bother with a 'transportation' lawyer but get one as Phil said - one that specializes in work accident cases.

 

[Jason2]

Hope your son gets better quickly. Just goes to show how quick accidents happen. Happy he's on crutches only.

 

[jaminjim]

Just to add that when looking for an Attorney try to stay away from the ones that are on TV. A lot of times they are the high volume type of places, They make their money taking the low hanging fruit. In a lot of cases these firms would prefer to settle a claim out of court rather than litigate it. They will try to say that they have such a tough reputation with the insurance companies that they get the offer to settle.

A friend of mine has a great reputation for being tough, and still 25% of his cases went to trial. The big volume attorney group in town tried for several years to hire him just to be a litigator (trial attorney) going so far as offering everyone in his office a job including several other attorneys. They just settle to many cases for pretty much whatever the insurance company offers. They get their 33% and then on to the next dog bite.
ATeam is correct when he says to get someone who specializes in that part of the law. Another friend of mine worked as a Workers Comp attorney representing the companies interests, they are so valuable that one of the big firms in town quadrupled her pay when they snuck her away from the firm she was at.

After reading what I wrote it may sound like I'm trying to get a referral fee, not the case. The first attorney is retired, and the second died from brain cancer, so they are unavailable.

 

[greg334]

Why not get a referral fee if you recommend a lawyer?

 

[Pianoguy]

It's going to boil down to what the state laws are. Some states are a little tougher than others. TN just adopted the strictest Workers Comp laws on the planet with indefinite employer responsiblity for the life of the injured person. Not that your issue is workmans comp. I am sure they will try to play the angle of was your son your employee and if not if he was taking your direction they will still say in the end he's your employee and try to get out of it somehow.

When choosing a lawyer be wary of the ones that want large sums up front. Get an ad index on the lawyer from the chamber of commerce. If they are spending the average for injury lawyers of 1-2 million a month in advertising they are winning cases

 

[Big Al]

Thank you for all the information,it was outstanding! Especially since this is really a foreign area for us, we've never even had a moving violation let alone an accident.

Our Son lives near Greenville South Carolina and the accident happened in Michigan. Hopefully this will work out with a fair & equitable settlement for all parties; however, I do agree that it's in the area of needing an attorney.

I am a retired Navy Engineering Officer and we have always stressed Safety at all levels. Good maintenance and safety pays at all times.

Sincerely,
Big Al

 

[greg334]

Good luck, Michigan's laws will both hamper and help you out. BUT you got to get someone who knows what they are doing and I don't recommend Sam or Jeffery.

 

[ATeam]

Hopefully this will work out with a fair & equitable settlement for all parties;...

The more you think about fair and equitable, the greater disadvantage you heap on yourself.

The company whose employee injured your son is not thinking about fair and equitable. It is thinking about how to minimize costs by minimizing liability.

The insurance company is not thinking about fair and equitable. It has had in place for a long time people whose sole job is to maximize insurance company profits by looking for ways to minimize payouts. The people who work there are not thinking about your son, not even a little. They are thinking about how they look in their boss's eyes and the way to look good is to maximize profits.

The lawyer on the other side, if one becomes involved, will not think about fair and equitable. He or she will be thinking about zealously representing his or her client and winning so more such work will go to that firm.

Even doctors approved by the other side may not be thinking about fair and equitable. Aware of the gravy train their approval by insurance companies means, even they may develop a bias that influences a short-term prognosis over a longer term one.

Every one of the above mentioned parties would be encouraged by your talk of fair and equitable because you are signaling an attitude that can be used against you. Forget about what is fair and equitable to all parties. Focus on what is right for you.

Let me digress a bit to further illustrate the nature of this beast you are dealing with.

A tornado once struck our neighborhood, destroying some houses and damaging ours. The damage was minor, relatively speaking, but the repairs would cost enough to merit an insurance claim.

The insurance company sent out an adjuster who was clearly minimizing the claim. He argued that one half of the roof was hail damaged but not the other, even though both halves showed the same damage. He offered a quick settlement for that and other damage. We believed the amount to be too low and we protested up the line at the insurance company.

A number of phone calls and faxes were exchanged. A number of days passed. Finally we hit our limit and Diane did something she disliked doing and seldom did. She called the insurance company one more time and asked for a supervisor. As expected, the supervisor was not available so Diane said, "Please have her call me at work. Tell her to ask for Diane Madsen, General Counsel to Governor Ventura."

The claim was settled to our satisfaction before close of business the same day.

Stories like this about insurance companies are legion. It is well within their power to settle legitimate claims and actually do some good in the world by helping victims get back on theif feet. Sadly, the prevailing culture within most companies is to treat victims like the enemy and do everything they can to minimize payouts, with little regard to fair play or genuine human needs.

Diane and I once enjoyed a certain amount of influence in the Minnesota State Capitol by virtue of our connection to the governor. He is gone, we are gone, but always there are the full-time professional lobbyists hired by insurance companies to not just tilt the scales in their favor but to manipulate the system as much as possible to keep their money flow strong.

A fair and equitable settlement for all parties? As nice as that sounds, it virtually guarantees you an unfair result.

Let me close by mentioning an important exception. If you have an insurance agent who has the desire and power to advocate on your behalf, the claim process can be significantly improved and the results more satisfactory.

 

[Big Al]

I tend to agree with you; however, my Son will have the final say. Our insurance is with a carrier different than our regular insurance company (USAA which has always been fair). I am very apprehensive about the whole thing and it seems major enough and well beyond my capabilities.

Also there seems to be long term implications because the swelling is still ever present even after a week.

I do appreciate all the info. I would say more but my typing skills (2 fingers) is seriously lacking.

Big Al

 

[ATeam]

I am very apprehensive about the whole thing and it seems major enough and well beyond my capabilities.

Also there seems to be long term implications because the swelling is still ever present even after a week.

You have already indicated an openess to using an attorney so you are on the right track. Apprehension is understandable as you find yourself in unfamiliar territority. Reading the book mentioned above will transform many of the unknowns into knowns and thereby reduce the apprehension.