need advice after rollover

Originally Posted by chief
"Chief, as for rolling a bobtail, get your info before you start your bashing."

Bash, Crash, Slash, or Trash -- you didn't ask for clarification, didja?

um, that was a quote from the original poster, not me.

Please define "bash".

that wasn't my term.

Obvious to whom?

anybody who has ever applied for a trucking job who has back problems. every app I've ever filled out for trucking asks you about this. no trucking company is going to put someone behind the wheel of a truck, bouncing up and down in the seat all day if they have back issues. plus, he may or may not be able to pass a DOT physical.

Can you provide more details on how to collect on worker's comp?

sorry. although I've personally known 5 people who received benefits, even though they were actually physically able to work - they just didn't feel like it. but this might be one suggestion of how he could support himself while looking for another line of work.

 

I'll take this one.

Workmans comp is very easy to collect. Provided he hasn't signed a release from the company and it's Doctors.

The injury is work related. If he has not been released to return to work. He can file for Workmans Comp.

He does NOT need to use just company approved Doctors. He can use the Doctor of his choice.

If that Doctor says he is unable to return to work at this time. He can draw. He may need an attorney. But these guys are sleaze bags anyway. And thrive on hauling trucking companies into court, with no up front payments.

 

There isn't much "dressed" bambi left after the trailer spits out a venison carpet.

 

Answer is "almost always yes"......but not all the time. I have known drivers having the "preventable" overturned. Wasn't cheap, but they did.

 

well, I *did* say "almost always". It can be overturned, yes. An accident may even have been determined to be not preventable. Of course, Bigfoot may exist, too.

 

Better yet. Some companies will take an active approach to listening to the driver and Police reports. And do the right thing

 

He does!
He DOES!

I saw him at a Monster Truck Show -- jumpin' motorhomes and automobiles, he was.
But Gravedigger won the event.

It's twue!
It's twue!

 

W/C laws are different with each state. I know that some say you must use a doctor that the company approves or I should say what W/C approves. I was not allowed to use my own doctor and I wanted to stop the claim but was not allowed to. However, you can see your own doctor at your own expense but the state may not even look at that. You'll have to pay for that doctor even if you have insurance because it's work related.

I know you must report the incident within a certain time frame and that's all I did was report that I was hurt on the job. After that W/C did all the directing on who, when, and where. Many people try to use the W/C system as a way out of work. I can tell you it's not worth losing your livelihood unless you're really hurt. You'll be treated as one of those persons throughout the whole process.

You really don't need a lawyer for W/C claims unless your payment stops. If you have a lawsuit then that's a different story. If you sue a third party whatever you collect you'll have to pay back W/C. The internet for your state has the best information for W/C claims and it's the best place to start.

 

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Since he is from TN and we don't know what company he works for. The compensation laws for that state may not apply to him. See: workmans Comp -- TN exclusions -- interstate commerce

He will need to speak to someone...soon. If he intends to continue treatment of his injuries.

 

Excellent Post, GasHauler. You, too, Danc.