Point me in the right direction, please!

Discussion in 'Trucker Legal Advice' started by Aireal, Aug 9, 2016.

  1. Aireal

    Aireal Medium Load Member

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    As I said, not looking to sue anyone. Only want to make sure of his right's... From what was said...and the whole reason I am looking for something that explain's his rights, They can stop paying ( and never really had to start paying) workman's comp any time they feel like it....because it's termed "an act of God". Now true or not, this is what we are looking for the answer to..in writing.

    Can they legally stop paying? ( both Workman's comp check's and medical bills) before the doctor's release him. That is the gist of what we want to know...the "rights" around that.
     
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  3. buzzarddriver

    buzzarddriver Road Train Member

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    I believe a call or email to the state workmans comp division would be the first thing to do. Go to the horses mouth for the most knowledgeable answer.
    As you might have figured out, truck stop lawyers can be all over the map on the same topic.
    Only other choice is a workmans comp attorney and since no lawsuit is sought, be prepared for per hour charges.
     
  4. Aireal

    Aireal Medium Load Member

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    Thank you, he already has an appt. with a Workman's comp Advocate ( free ). Plus a class they give at the end of the month that "explains rights" among other things. I'll keep looking for a web-site, I know that their has to be one with all the info or a combination of websites...it's just plopping in the right key words..in the right order.. and saying the right prayer at the right time...to get something to google up.
     
  5. Concorde

    Concorde Road Train Member

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    "Under workers' compensation law, an injury or illness is covered, without regard to fault, if it was sustained in the course and scope of employment, i.e., while furthering or carrying on the employer's business; this includes injuries sustained during work-related travel."

    http://www.twc.state.tx.us/news/efte/workers_compensation.html

    Luckily his company had WC ins...Fact is he's now covered for life for that injury. Sure the Company could decide not to carry the insurance anymore but that makes no difference as he was covered when it happened.

    At some point I'd imagine the paycheck part will end. If he can't get back to work you may have to get on SSDI even if it's temporary.
     
  6. Aireal

    Aireal Medium Load Member

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    Thank you... the very next line
    "Injuries are not covered if they were the result of the employee's horseplay, willful criminal acts or self-injury, intoxication from drugs or alcohol, voluntary participation in an off-duty recreational activity, a third party's criminal act if directed against the employee for a personal reason unrelated to the work, or acts of God."

    which pretty much answers the question... I am sure their is more info on it in one of the highlighted area's and I will get to reading.

    It of course is complete BS, but I guess that's life.
     
  7. Concorde

    Concorde Road Train Member

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    Not so fast!!
    "The IW has the burden of proof to establish that his or her employment exposes the IW to a greater risk of injury from the act of God than ordinarily applies to the general public. Whether or not the IW’s employment exposes him or her to a greater risk of injury than the general public is a question of fact for the HO to resolve."

    http://www.texasdefensecounsel.com/...ity-in-texas-workers-compensation-claims-tdi/

    I posted a reply more in depth this morning and hit post but I wasn't logged in and it went *poof*

    In short, I'm sure an experienced workers comp attorney will be able to get you the results you need. Even if it means suing the agency that planted the sign in the ground :)
     
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  8. Aireal

    Aireal Medium Load Member

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    Thank you...very much indeed! Suing is NOT what we are aiming at... With the noises that the "approving Doctor" ( not the one he see's, just the one who decides what happens) and a rep from the Insurance company are making, we are afraid they are going to try and wiggle out of paying medical bill's ( and to a lesser extent the "pay" check workman's comp sends)
    My paycheck will cover our "regular" bill's barely, but no way it would cover his med bills and I can't add him on to my insurance til open enrollment and it wouldn't cover this anyway.

    I just wanted to find out IF we had more options and what they would be... and what the responsibilities of them and us are... and that really help's a lot. We don't want to sue... that is a nightmare, just the medical bill's paid and him to have the ability to go back to work.
     
  9. Concorde

    Concorde Road Train Member

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    Oops, forgot to show you this part from the link I gave...
    "Tornado. IW was employed as a truck driver. On the DOI, he was pulling two trailers on an interstate highway. The IW testified that he was unaware of any bad weather in the area, and that his truck was blown over by a tornado causing him injury. The trailers the IW was pulling were thirteen feet six inches tall. The HO determined that the IW was at a greater risk than the general public due to his job as an over-the-road truck driver and the size and relative weight of the trailers he was pulling. This was a factual determination for the HO to make. APD 002179."
     
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