OSHA awards terminated driver over $190,000

He did take it for repair. Then was told to violate HOS and do his run anyways( The way I read it). He said no they fired him.

Pretty simple to understand they wanted him to cover the time spent fixing the truck and cover their load.

 

Hey Bro read the article again he did take it to the repair shop but did not want to violate HOS. Pay attention at the meeting.

 

Wow. Not suprised that they said run anyways.

 

Hmm, what I read was the driver was fired for reporting the safety issue to begin with, as well as for refusing to violate the FMCSR HOS Rules after repairs had finally been made. OSHA also found enough evidence to believe the driver, on both issues.

Here's the not-so-funny side of what could have happened:

I reported a safety issue with the brakes on my rig. I was sent to a mechanic, who agreed the problem was serious and required repairs. My employer refused to pay for repairs, saying that my truck was a trade truck (the excuse I always got when the truck needed repairs in the 4 months with this particular employer), and they weren't spending any more money on it. The mechanic even warned them that the brakes would definitely fail within 24-72 hours, and still they refused. It wasn't my truck, it was theirs, and the mechanic had to have their permission to fix the problem.

Instead of sticking to my guns and insisting the brakes be repaired, I looked at how new, and broke, I was, and backed off.

That was almost 14 months ago. The brakes did fail, within 12 hours, on the NJ Turnpike. In the process, I had injuries to both wrists and my left ankle. The wrists healed fine after several months, the left ankle is blown (no lateral control) to this day, and I've been told it won't get better. I will have to get an SPE Certificate to return to trucking as a driver, and spend 25 hours per week in physical therapy just trying to accomplish that goal.

Because I was actually injured by what happened, I have no recourse except Workman's Compensation. I told the FMCSA, and OSHA, and my state. My company is fighting the claim tooth-and-nail, preferring to shell out millions in fees and costs to lawyers and courts rather than just fix me and get me back to work. I have yet to see a penny, and have about $375k in medical bills thus far.

So, rather than poop all over the driver that had the courage to stand up to yet another corrupt trucking company, and cheering for his potential ruin, I suggest we all applaud his efforts to protect himself, his fellow drivers, and the public in general, especially since he just showed us all exactly how to do it?

Oh, and keep enough money available to get yourself home, just in case what happened to him happens to you. Trust me, you can find another job, and now you know you can do something about being abused by corrupt trucking companies.

It sure beats the alternative I'm having to live with now.

 

You say workmans comp is your only recourse. Have you talked with a personal attorney?

 

WC will be the only recourse...but will be a hard fight...since the driver(ette) went ahead and ran with a known deficiency. This knowledge, allows the company an "out"...no matter what was said or transpired between the mechanic and the company when the rig was inspected and determined to be in "unworthy condition".

As to the original case with the award to the driver....this case, since it has only been before an Administrative Law Judge, (step 2)...time line for this case is maybe 1 year from complaint filed and hearing begin and end. Now the appeal to the Administrative Review Board will languish in a stack of other appeals for 2 years at least.

These cases are so back-logged, it would make your heads spin! These companies/carriers have on retainer, or within their corporate structure attorneys that all they do is fight these cases, drag them out as long as they can, and hope for at least a reduction in the settlement, if not a victory to the carrier/company. Most times from the appeal, the case is referred back to the original presiding Administrative Law Judge for "reconsideration"!

 

I wonder how VA_Medicine_Woman can have 375k worth of medical bills, for 2 injured wrists that healed fine, and a bum ankle. If WC don't get it done, then it goes on your medical insurance. Must have a doctor who "seen her coming" as the old saying goes along with huge deductibles and unreasonable co-pays. Or a lot more injuries than listed and is lucky to still be alive to need physical therapy.

 

My experience with medical insurance, is that they will not pay a dime on anything if workmen's comp is involved.

 

You might be surprised to find many mega carriers (those carriers that "train" drivers) in bed with the DOL. OSHA is part of the DOL.

 

Landshark is a fine example of a company cheerleader.