I'm trying to find some legal advice from someone that also may know DOT regs and such. I am a 51 yr. old male, I've been driving since 1986. I've had 3 heart attacks, I have arteculorosis, (clogged arteries) I had quad bypass in 2006, my first myo cardial infarction was in Oct. 2001. In other words, a history of heart problems. About 6 months ago I went back to work for an otr company I had been with for approx. 6 years off and on, he knew of my heart problems, I'd had 2 attacks while working for him. About 5 weeks ago I began having problems again, serious ones. Arhrythmias, and near-syncopse, while on the road, and behind the wheel. 2 weeks ago I picked up a load, one of them CH Robinson loads, load all day drive all night. It finally got bad enough I went to the E.R. the next morning when I got in, after telling my boss what was going on, and letting him know I had just about passed out behind the wheel. Spent all and night in the hospital, for observation, had a few arhytmias while there but, was told to get to a cardio Dr. asap. by the MD. And don't be driving in the mean time. I report back to work, boss says go clean out your truck, we're a trucking co. if you can't drive theres nothing I can do for you, maybe in the spring you can drive a local dump truck for me. I asked then so, whats my status, his reply was, I assume your quitting because you can't drive, I said, well I don't see it that way, I'm here, I can do minor mechanical work, sweep the floors, just whatever for now. He shrugged it off, said I needed to sign my health insurance papers, I told him I would after I cleaned out my truck. If I sign my health ins. papers now, and no longer have health insurance my chances of getting in to see a Cardiologist, are zilch to none. He wants to fire me fine, but at least I should be allowed unemployment. Him saying I was quitting, just shows me how greedy, and downright mean this whole trucking industry has become. I'm done with it, I have no desire to be behind the wheel and have a syncopse. Should I be allowed to collect disability? or at least unemplyment, until I do get to see a Cardio Dr.? Just by telling my boss, that I was having these spells, wasn't it his obligation to remove me from the truck imediately?
Heart Problems and DOT regs question
Discussion in 'Trucker Legal Advice' started by cap1022, Feb 16, 2010.
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Good Luck Driver, I hope you make out alright. Maybe check with both unemployement and your health insurer. Again, best wishes.
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I have to ask, how did you get past your DOT physical?
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I would say yes. I heard of people getting it just because of arthritis in one hand. Will not be easy, and will be denied least once, but more than likely twice. Third time would be the charm.
In reality, he should not have to. With problems with your heart, and after 3 Heart Attacks? There is a Law that states "No Driver shall Drive while Sick, nor No Company shall force to drive while Sick" I use to know the Number of it by heart but 10 years later I forgot it. Used it against Navajo. Look in your little green book, it in there right above or under the law about Driving on medication. Used it also against Navajo..
I would have to walk away from the Truck, I personally want to live.. To back that up, here two stories, one from back in the 90's and another more recent, 3 days before Christmas.
1. I ran with a O/O pulling for Tyson, later seen him again, hitch hiking home. While going through a small town in Miss, he had a Heart Attack, and crashed his truck into a house, barely missing a young girl in bed. No Job, and law suit pending.
2. I had met this driver, from Arkansas and 3 days before Christmas he was going around Atlanta I 285 and had a mini Stroke. Dizzy headed, and blurry eyed. Another Driver had to guide him to the Shoulder over the CB. After Christmas, while at home, he was rushed to the Hospital with the same ordeal.
He no longer driving, he now a Dispatcher.. His Choice.
So for your own safety if not for others think about it.
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