workmens' comp question

Discussion in 'Experienced Truckers' Advice' started by High Maintenance, Apr 23, 2007.

  1. I'm not sure if this is the right place to put this question but here goes - does anyone have workmens' comp taken out of their check? If yes, how often - weekly or each run? How much does it average?

    Thanks!!
     
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  3. rockee

    rockee Road Train Member

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    I just looked at my last check stub for Oregon since its sitting right here with me. Its called a WBF tax here (workers benefit something or other) and for $860.00 it was a whopping .60 cents
     
  4. pro1driver

    pro1driver Heavy Load Member

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    the employer pays for workman's comp (insurance), not you. you pay disability taxes, or FICA taxes, or social security taxes, as well as state taxes. you may pay for long-term disability, which is some sort of "rider" to any other disability insurance your company pays, if YOU want long term disability coverage.

    now, if you were to become an owner-operator, than you would be responsible to pay worker's comp premiums, and any other insurance, taxes, etc,etc.
     
  5. I've checked w/the state there are 2 exceptions to it being the employers responsibility

    1) if they have private insurance
    2) if you are considered a contract employee.

    The company my dh works for has private insurance and he is also considered a contract employee so unfortunately he falls under both exceptions - but he has never worked for another company that has demanded that he pay for this insurance himself. The thing that bothers me is that it is taken out of each run and it's a little over $30.00 each time - in 2 weeks it has totaled up to about $160.00. Please don't get me wrong, I think it's a good thing to have - it's just that I think he is being charged too much. I've asked the payroll person about it and she said she'd get back to me but she hasn't yet.
     
  6. heyns57

    heyns57 Road Train Member

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    When I was independent and leased to Refrigerated Transport, they withheld 1% of the gross revenue for workman's comp. When I developed hernias while unloading magarine at Viking Foods in Muskegon, workman's comp refused to pay for my surgery because I had not experienced sudden and excruciating pain. My personal health insurance paid the medical bills, but six weeks of recovery time were not compensated.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I know it's already happened but I would have gotten an attorney on that one. The only criteria that I know that workmans comp requires is that the injury or illness happens on the job. If you can prove that then they can not deny you. There's plenty of injuries that will not show pain right away. I've had a back problem that was W/C and I filed the next day. My pain didn't come on until the next morning when I couldn't stand up. W/C paid for 3 surgeries and I filed a claim against a third party and won that one too. If it's been within a year I'd go back and see what you can do. I might be wrong on the time and I know you have a time limit on filing out the form. Our form was form 4 but it's the form where you start the claim. Once you do that the company must send you to the W/C doctor to evaluated the case. Every state has some small differences so I check with a lawyer to see if you do have a claim.
     
  8. heyns57

    heyns57 Road Train Member

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    I made an appointment with an attorney. He said that the amount of money involved was too small for an attorney to take the case, especially since I had other insurance. By the way, that was in 1975 and Refrigerated Transport went bankrupt.
     
  9. chas

    chas Bobtail Member

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    Florida has a self help program that lets you file a claim in small claims court for small amounts without using a lawyer. The last time I used it several years ago, it was relatively easy and I think the maximum claim at that time was 1000.00. Maybe other states have similar programs.
     
  10. MedicineMan

    MedicineMan Road Train Member

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    Welcome to the wonderfull world of contract driing. There is a reason companies do this you know.
    Oh and never deal with workmans comp without an attorney. I was on workmans comp for over two years whil injured and subsequently having back surgery. They were constantly messing around and without the atorney I would have been out of luck
     
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