Need some help. Without too much info. Got hurt on the job. Equipment broke while operating, broke a bone, in a cast.
Everyone is telling me to get a lawyer and go after them as it wasn't my fault.
I've been pnd for year now, was supposed to start linehaul Monday, can't until cast comes off......
Help me super truckers!!!
YRC Injury
Discussion in 'LTL and Local Delivery Trucking Forum' started by GrannyLanePro, Aug 2, 2015.
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I would get a lawyer without a doubt... That's a workman Comp issue...
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I haven't heard from a single person on this since it happened 2 weeks ago. Since you were obviously hurt at work....would you care to share your story? -
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Now, as to whether or not you need a lawyer. . .
Unless we work for the same outfit you do, we can't really know. Most companies, a lawyer wouldn't be a bad idea. Because WC will not be watching out for you, nor will your employer. It pisses them off to be paying money out for work not being done. Yes, you were injured on the job. But a lot of these outfits seem to think that it is YOUR FAULT no matter what. Or that you really aren't hurt or sick, just trying to take advantage of them. Therefore, they will screw you over if they can.
OTOH, there are some righteous outfits to work for, that honestly do care about their drivers, and will want to take care of you. But man, these are really FEW AND FAR BETWEEN! And the bigger the company, the less likely they are to be one of these.
Considering the size of the outfit you named, I would look for a lawyer, and one that specializes in worker's compensation.
You mention that you are getting some money, but not your full normal paycheck. Well, that IS THE WAY IT IS! I believe the standard is pretty much 2/3 of what your salary is. And that is without any overtime, based on a 40 hour week. So yeah, you are getting a lot less money.
But all of your accident related medical bills should be completely taken care of, and if they aren't, then something is really wrong here. Get a lawyer for sure.
Know that getting a lawyer is not going to be well received by the company, or the WC carrier. SO WHAT?
Well, there is a pretty good chance that you will be working somewhere else within the next year or so. Is this legal? Hell no! But many of these outfits will find a way around that. They will either make it so tough on you that you quit, or they will find other reasons to get rid of you.
Also know that suing them is not going to make you rich. Hopefully, it will get you enough to make you "whole" as far as monetary loss is concerned.
Really, no one but you can determine if you need a lawyer or not. Don't know if you are with a union or not, but if you are, you might talk to your union rep. If you aren't, is there an old hand within your terminal that you are friends with? Someone who has been around there long enough to see how they deal with folks after an OJI.
This really is kind of a touchy situation you are in. Should you be compensated for being hurt on the job? Of course. The question is more of a "how much" than anything else.
You may also want to look at it from another standpoint. Is this company just another job for you, or one that you want to stay with for your career? If it's just another job, then by all means, get a lawyer and go for as much as you can. OTOH, if you are looking at a career here, and possibly even moving up the ladder, then you may want to reconsider.
OJIs are a fact of life, and all these companies know it. They just react a little differently. Case in point, I retired from a good outfit. At least in my opinion. But if you got hurt on the job there, you still went to work. It was right in their policy manual that they DO NOT PAY PEOPLE TO SIT AT HOME! Sure, all the medical is taken care of. But the injured employee is going to be required to show up for work, (unless the Worker's Comp doctor says he is too badly injured.) In my old outfit, they would put an injured employee on "light duty," which most often was a make work deal. Such as sitting at the gate and recording the numbers of each truck and trailer as it came and went. But then this is Utah, where employers get away with just about anything, particularly if they are "connected." (Read that LDS.) -
A lawyer can only accept your case if they can be of value to you where workers comp is concerned. If you are receiving pay, your medical bills are being paid and the insurance company is taking care of you according to your state's WC laws, a lawyer will not serve you until such time they can provide a service under the WC laws.
I know this from experience. However, contacting a lawyer is never a bad thing as you are certain to glean some information.
Contact your state division of labor and get a copy of the workers compensation handbook and READ it ALL, do EVERYTHING it says that is required of you. ASAP! -
YRC is a union outfit....I would think your delegate or local BA would be able to help you. I sure wouldn't trust any company rep to help, it seems like their interest would be too one sided. Good luck!
Big Don Thanks this. -
I'm not knocking your situation but do the right thing. I had a friend who worked for ups and while loading a truck the forklift driver dropped a pallet on his left leg. Broke his leg and tore his acl. That's pretty bad. They paid all med bills and workers comp but six months later after he was cleared he refused to go backed to work claiming unsafe work environment and fear of being injured. He dragged it out for 18 months claiming he could never work again. He lawyered up. Sued the company for 5 million and they settled out of court for 1.3 mil. After he got his money he pissed it all away on boats and cars and went to work for the biggest grocery store chain in new york as a driver. He just wanted as much as he could get. I despise those type of people. So as I said, do the right thing. If you have to sue go for med bills and lost wages. It's the right thing to do. Sorry to rant but good luck and God speed
Last edited: Aug 17, 2015
Big Don Thanks this.
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