InJURED WORKERS LANDSTAR BEWARE!

Take a look at the Landstar Lease. See the Contractors s Protection Plan and Workmans' Comp?
When a driver signs that lease, this section protects Landstar. The driver, by signing the lease, is signing away rights to sue and State rights to Workers Comp. These plans limit the drivers ability to receive anything other than what is in Landstars Plans. There isn't any evidence that even the Workmans Comp is equal or greater what a State offers because Landstar does not have a policy on file in that State to be audited. A driver cannot collect under State Workmans comp because he signed away his right by signing that contract.
So what is in the CPP? When a driver first signs on, he may go over the policy or have it explained to him. He puts it away and each year another policy is issued. Check the changes..and after a few years, if the driver is hurt, he may find the policy has been changed to much less benefit or fine print limiting the benefits and the policy in effect at the time of the accident is the one the insurance has to pay. And it is the most amount of limiting fine print and the least amount of benefits..
SO you paid money every week to be tossed out on the Dole..SSI, SSDI, Food Stamps, and State Medical coverage
What does this mean? It means you can buy a policy today, read it, and tomorrow it is not what you bought.
So sue Landstar..Where? Jurisdiction..all suits about that contract must be filed in Florida.
You are on the Dole..how are you going to sue in Florida and no attorney will help you because you signed the Contract...
Apply for Workmans Comp. It states in the Contract that all Drivers in the States of Colorado, Massachussettes Nevada, New Jersey, New York, North Carolina, South Carolina are required..and required means mandatory..to have a policy of workmans comp....
Landstar's legal Department states that Landstar enforces the Contract at their discretion..so if a driver is not issued a worksmans comp policy, Landstar was under no legal obligation to provide the driver with that policy..
So..a driver from those State may find himself on one of the stripped down CPP policies because Landstar doesn't have to perform on the Contract, or made a mistake about residence or because the Driver didn't read the contract or because Landstar has an out..
I suspect this..but that Domicile Program? It is a Good Buddy Program but your truck is domiciled in another State so if you have a license in say, CO, MA, NV, NJ, NY, NC, SC, you can be enrolled in a CCP program based on your State of Domicile, rather than Residency.
Domicile is a legal term..It means where you intend to return..but that Landstar Lease defines it as "where you do your principle business."
Many drivers are Legal Residence of one State and have a mailing address in another. Landstar will use the State of the lesser insurance..saving the driver money, of course to keep from enrolling Drivers in Statutory Workmans Comp and enrolling Drivers in CPP.
Landstar claims that they cannot verify the State of Residency (CDL) of every driver...but they can find another address to assign CPP insurance..
Now if you are being tossed out on the Dole after paying for CPP...then you have no recourse. Landstar will argue that you misled them as to your residency. Landstar will argue that by accepting CPP, you accepted the plan and that is the limit of your rights, Landstar will argue that the State of your Domicile, the State where the injury occurs, the State of Florida have jurisdiction..
Landstar will argue but Landstar will not deal fairly or honestly and Landstar will not pay.
SO if you sign that Lease and you are hurt, you will be on the DOLE, SSI, SSDI, foodstamps
You will pay every week and what does Landstar pay. I found out..about $42,000 plus medical for two years. Landstar can reduce those benefits if you are collecting from any other source, such as private insurance or SSDI which is required on certain CPP plans..
Now you are never going to get hurt....but be aware that if you signed that Contract, you agreed to be tossed out ...beaten down by legal arguments ...and not have any recourse..
Don't sign that lease..because..if this is how Landstar protects Contractors..God only knows what else is in there to protect Landstar and screw you.
No one expects to be hurt but if you are..you have paid to give up many legal rights for a few pennies and life on the Dole.

 

Patti
One attorney is an opinion
Two attorneys is an argument.
If attorneys can't agree as to what something means, what hope does a driver have of understanding a legal writing..
It is best to do business with Companies and Drivers who can do business without ever needing to resort to attorneys..honestly and fairly

 

That "Domicile with an Agent" ..the Good Buddy Program.
Legally, Domicile is where you Reside..the State where you vote and where you intend to return.
Now if you "domicile" your truck at an agency in another State other than where you really do legally reside, you are possibly creating some legal headaches for yourself.
Domicile is defined by Landstar in that Contract as "where you primarily do business." If you sign up for the Good Buddy Domicile and that is not the State where you are a legal resident, then you are possibly subject to the laws of the State where you are domiciled for business purposes..in addition to the laws of the State in which you actually legally reside..
If you have a legal dispute with Landstar, then you have a State of Domicile, a State of Residency, the State where the incidence occurred, the State where the Contract was signed and..the State where the Contract states that all lawsuits must be initiated...Florida..
So add all the legal hassles and then jurisdiction, then that Contract is a legal nightmare..
Now if a Company is honest then Contracts can have arguable terms and conditons but if a company is not fair dealing and honest then it is best to get away before it costs you to find out what legal hassles might be awaiting the unwary..

 

Ridgeline:
I have talked to several attorneys. I have filed complaints with the State Workmans Comp. The answer I get is what I posted. The Contract is to protect Landstar and limit your rights.
As for "domicile," as I said, that is a Legal Term. It has a legal meaning and if you are "domiciled" in a State, you may be considered a legal resident and that could cause you some legal headaches. You may mean Good Buddy Program ...but the State may mean something else..and their definition will prevail..
Don't "domicile" anything in any State in which you are not a legal resident, especially not your business..