run over by a shippers forklift

Discussion in 'Experienced Truckers' Advice' started by oldslowchevy, Dec 8, 2012.

  1. oldslowchevy

    oldslowchevy Light Load Member

    55
    35
    Mar 31, 2012
    morristown tn
    0
    I was not in the trailer i was on the floor
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. snowman01

    snowman01 Road Train Member

    1,246
    713
    Sep 27, 2011
    North Carolina
    0
    This did devolve into a trailer thing but the broad point is the same. If your company policy prohibits you from helping or being on the dock then you are on your own. If the shipper/receiver lets you on the dock for any reason and an employee of that company injures you in any way then it's on them. If they have a posted policy prohibiting drivers from entering the dock area and you wander into it and get hurt you might make a claim that the notice wasn't posted in clear view or something but that might get dicey. If the policy at the shipper/receiver is either way and an employee invites you into that area and injures you then I would think that that company is liable for any damages that you might receive no matter what the policy is. The safety guy was doing what safety guys do, trying to save his company some money. Did he mean that you would have to file under your companies workers comp and then the company would have to go after his to get the money back?
    This situation happens everyday in the industry and I am interested in how this turns out.
     
    TRKRSHONEY Thanks this.
  4. oldslowchevy

    oldslowchevy Light Load Member

    55
    35
    Mar 31, 2012
    morristown tn
    0
    ok now that i have a bit of time, there are no signs, painted lines, fences ect for drivers or anyone else to follow or stand in. yes my log shows on duty until i was taken off the proprety to go to the hospital.

    yes they are saying that this has to be filed on to my companie work mans comp (which i found out we do not have) and then they would have to go to file against their workes comp. i have a feeling this is not going to end well for me..... goody

    this is a small 2 truck company. and even with this injury i will be delivering this load on time, that said i am feeling better though still VERY sore all over.
     
  5. j3411

    j3411 Medium Load Member

    358
    421
    Jul 31, 2010
    Buckner, Il
    0
    Gezz, doesn't anybody watch Judge Judy?
    Got a business?
    Doesn't matter what signs are up, you're responsible.
     
  6. snowman01

    snowman01 Road Train Member

    1,246
    713
    Sep 27, 2011
    North Carolina
    0
    I thought every company had to have workers comp? This is where you need a lawyer to go after the company right from the start. Glad your ok but don't wait on this. Let us know how it turns out
     
  7. Jarhed1964

    Jarhed1964 Road Train Member

    2,827
    1,562
    Jun 22, 2007
    Charlotte, NC
    0


    Winchester, VA at the Beverage warehouse, right?

    Been there, done that, got plenty of splinters in my hands (we had sheets of plywood on top of each pallet).
     
  8. wis bang

    wis bang Road Train Member

    3,433
    4,068
    Jan 12, 2011
    Levittown, PA
    0
    This should be Workmen's comp. If your boss does not have workmens compensation coverage, turn him in.

    Anyone hurt on the job should be covered thru his employer, that's what workmens comp is all about.

    In general if you are covered by W/C and you sucessfully sue, expect the insurance company to be there waiting w/ their hand out wanting back what they spent healing you.

    Company policies do not always bear alot of weight here.

    I had a driver punch his loader, we clearly had policies against that!

    The loader had a black belt and broke the driver's jaw!

    Comp put him back together & then he was terminated for punching a customer.

    He filed a suit against the shipper and won, comp got back every cent they spent wiring his jaw back together.
     
  9. ladywrongway03

    ladywrongway03 Heavy Load Member

    766
    328
    Aug 28, 2008
    trotwood oh
    0
    fell in a hole at international paper and broke my foot.Ive been off work 11 weeks and am scheduled for surgery and will be off 3 more weeks.I couldnt find a lawyer to take my case in alabama
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.