Step up to the plate Swift trucking!

probably out of luck since he was drinking a beer while in training and with the truck but im praying for him. also if the attack happened in the truck you say? wonder why the doors werent locked while he was gone. but at any rate i hope and pray your friend gets better. im sitting close to perris and i read this and wondering whos out there now. probably wont leave the truck agian tonight

 

I have to ask this question. Do you train on a regular basis in some type of close-quarters/self-defense class on how to react properly in a situation such as that? Unless you do, you would probably do more harm than good if confronted like that.

Really hate how people think that by carrying a firearm, they automatically know how to react and use it properly in a self-defense situation.

Sympathies to the driver and his family.

 

If it was a ten minute coffee break after a few hours work or a meal break less than a half hour, it might be considered on duty time under california law. That is, they have to pay you for that time legally. If you can prove he was supposed to watch the truck or be responsible for it during that time you might have a one-two punch of sorts. It might depend on the exact circumstances.

Is there some kind of racial or sexual discrimination/harassment angle in here I wonder? I just wonder why and if he might have been targeted for such a nasty attack. Was he considered a sissy or something? Hopefully he wasn't running around with a jacket that had a confederate flag or something racist on it.

Also, in federal law regarding overtime and such, there's a concept called "portal to portal" about when you're on duty and elegible for pay. If he's gone from a restaurant to say a truck parking lot to get to his truck, maybe he can see his truck in the distance, you might say he's gone through a portal even if he hasn't gone through the door of the truck. Its a little like the guy that works in a plant going through the gate into a plant, you're on their dime to some extent and under their control and rules. You went through their portal. You're near their truck, it has their name on it, can be read from five hundred feet away, and they expect you to act professional there and represent them. Did he have a Swift jacket or hat on?

 

Drank a beer on the curb in California? BAD SIGN. Illegal in most places. It might imply it is a slum area though. That they put him in a hellish area for his work and should take some responsibility for him being there.

Trainer got fired? Good sign for the injured guy. It impies the company, through their employee did something wrong. The master is responsible of the wrongs of the slave.

We'll reserve judgement and wish him luck.

 

I believe there's a whole lot more to this story than what's being told.

 

I mentioned this tragedy in a swift orientation I attended this past week. I was told that all hires out of California ARE entitled to paid breaks under state law. In fact, they now REQUIRE CA employees to carry a document on them during work stating that they are entitled to OFF DUTY time at least 30 minutes a shift PLUS LUNCH full time. They quickly changed the subject when specifics were mentioned about this case though.

On a side note; If you work for a trucking company in CA, regardless of whether or not its OTR, and they pay you a flat rate of less than 120 dollars a day for your on duty time, QUIT NOW AND CONSULT AN ATTORNEY. UNDER STATE LAW they MUST PAY ATLEAST 8 dollars an hour for all on duty time (max on duty is 14 hours). 8 times 14 equals 120. CRST just paid off over 9 million in former student contract penalties for violating this law, and nearly all other OTR companies have followed suit in recent months...

 

It might be smarter for him to stay in the CA hospital if he has no insurance. They have to continue giving him medical care, including more surgeries and such if needed. I was in a situation where I thought I had no insurance, but found later I did(long story). The doctors purposely kept me in critical and serious condition so they could continue operating on me multiple times over a six week period. The hospital was pushing the doctors to upgrade my condition so they could release me and be done with me cost wise. The doctor told me if they released me I wouldn't be allowed to come back for the other surgeries I needed and other hospitals might not take me either. They helped me out big time, and saved my leg in the process.

Hospitals have to provide you with emergency medical care but at this point he's fallen out of that category. It's not like you can take him to where he lives and drop him at the emergency door in his condition. It would be a transfer at that point and with no insurance, they might not have to accept the transfer.

Hopefully some of the organizations can help facilitate a move though. It's nice to know there are people out there that do this kind of stuff.

On a final note, I wish your friend all the luck in recovery. Hopefully things get better for him.

 

The drinking the beer is the kicker. Evidently Swift got wind of it? Maybe the hospital did a BAC on his blood since he had alcohol on his breath?? If his BAC was .04 or greater which only takes 2-3 beers he won't have a leg to stand on. It won't be from the below FMCSA regulations but company policy that will get him. But even if an employee does something wrong they are still under the employers wing.

It doesn't hurt to file a workers comp claim. Swift is based out of Phoenix so AZ law should prevail.
Go to the link below, file a workers report of injury (pdf download) with the state. AZ will send him a letter with how to file with the insurance company. This will at least get the legal ball rolling. Since he is incapacitated the person with the power of attorney should file on his behalf. There will probably be a hearing and if any party is out of state they will probably allow a phone conference.

http://www.ica.state.az.us/Claims/Claims_Filing_a_Claim.aspx

This is from the AZ website. A must read.
http://www.ica.state.az.us/Claims/Claims_main.aspx

Killing time waiting to deliver is a direct result of being employed by Swift. He was in a laden commercial vehicle and left responsible for it. So how they will look at it??

I wish him the best. I highly doubt someone will carry him out to the curb and say tough luck. He will be someone's responsibility until a solution is found.
You'll be surprised how things change once you contact the state. They'll threaten Swift with huge fines if they don't process a claim regardless of the outcome. It has to go through the workers comp process if an employee files. Swift can't deny him that. After that is started I would definitely bring an attorney into the picture.

 

I dont see why they say he wasnt working. But IF you are under dispatch YOU ARE COVERED UNDER WORKMANS COMP. Hence the following story....I was leased onto a big company driving local, <lets just say someone> picked up load friday, dropped it at the yard and went home. <this same said person> was raking leaves and trying to burn them also. <This said person> catches himself on fire. <this said person was covered because I<I mean said person> was under dispatch still!!!!!! Covered medical/ and out of work time..... But this is North Carolina, I dont know if that pertains everywhere...

 

Not if he is consuming alcohol while responsible for the load. Swifts argument will be that they are not responsible for any injuries while a person is violating federal law.