Had a fall over the winter. I was on a lunch/coffee break at a public rest area. Fall was due to icy conditions. I ended up with a broken leg in 2 spots and a broken ankle. Is it a personal injury or workmen's comp issue? Thank you.
Slip and fall in "off duty"status
Discussion in 'Experienced Truckers' Advice' started by 80Wideglide, Apr 9, 2021.
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slow.rider Thanks this.
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In what state are you employed? Truth is you're better off with liability than workers comp.
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You might have been "off duty" as far as HOS go, but you were still at the time employed. You are covered by Workman Comp. Say a driver is getting paid by the mile, he stops, his pay stops, did his employment stop? NO! Just because you were on lunch break, you were basically still on company time. You probably will have to get a lawyer, but I lay odds I am right.
'88K100, NavigatorWife, Trucker61016 and 9 others Thank this. -
So, you’re on your time.
But, sue, then you’ll lose your job when able to go back to work, and might be blackballed into getting a good reputable jobkylefitzy Thanks this. -
Instead of asking here, get a lawyer and ask them.
NavigatorWife, ncmickey, Dennixx and 2 others Thank this. -
Workers comp all the way.
Duty status irrelevant.
You come to work and slip before clocking in or going on duty is still a workers comp claim.
Off duty is simply a hos issue..you are at work.
As long as it isn't 1099.NavigatorWife, Trucker61016, Magoo1968 and 3 others Thank this. -
Workmen’s comp. If it’s been a few weeks and your company didn’t say to file initially as comp; I’d talk to a lawyer about your options.
I just tripped and injured my hand while walking bills in and my company gave me a worker’s comp claim number immediately. My claims department said that we are considered as being at work for as long as we are out.
I like my company and hopefully there won’t be any issues while we go through this process. I hope to have minimum downtime but I don’t want to do anything to make my injury worse.Last edited: Apr 9, 2021
NavigatorWife, Trucker61016 and Grouch Thank this. -
NavigatorWife, Trucker61016, DoubleO7 and 5 others Thank this.
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Last winter? Almost too late to be bringing that up now isn't it?
kylefitzy, Roberts450, John E Walker and 3 others Thank this.
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