Slip and fall in "off duty"status

Discussion in 'Experienced Truckers' Advice' started by 80Wideglide, Apr 9, 2021.

  1. 80Wideglide

    80Wideglide Bobtail Member

    2
    1
    Apr 8, 2021
    0
    Had a fall over the winter. I was on a lunch/coffee break at a public rest area. Fall was due to icy conditions. I ended up with a broken leg in 2 spots and a broken ankle. Is it a personal injury or workmen's comp issue? Thank you.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Judge

    Judge Road Train Member

    3,850
    20,335
    Mar 19, 2014
    Newport, Ar
    0
    Off duty, at a public rest area, no luck there, only one could be the state liable, but they’ll give you the runaround.
     
    slow.rider Thanks this.
  4. Bean Jr.

    Bean Jr. Road Train Member

    4,323
    6,688
    Mar 30, 2014
    0
    In what state are you employed? Truth is you're better off with liability than workers comp.
     
  5. Grouch

    Grouch Road Train Member

    1,422
    2,052
    Feb 3, 2009
    Between here and eternity
    0
    You might have been "off duty" as far as HOS go, but you were still at the time employed. You are covered by Workman Comp. Say a driver is getting paid by the mile, he stops, his pay stops, did his employment stop? NO! Just because you were on lunch break, you were basically still on company time. You probably will have to get a lawyer, but I lay odds I am right.
     
  6. Judge

    Judge Road Train Member

    3,850
    20,335
    Mar 19, 2014
    Newport, Ar
    0
    I don’t think so, technically you can only go ‘Off Duty’ when released from all work and responsibilities of the employer.
    So, you’re on your time.
    But, sue, then you’ll lose your job when able to go back to work, and might be blackballed into getting a good reputable job
     
    kylefitzy Thanks this.
  7. Ridgeline

    Ridgeline Road Train Member

    17,014
    71,535
    Dec 18, 2011
    Michigan
    0
    Instead of asking here, get a lawyer and ask them.
     
  8. Dennixx

    Dennixx Road Train Member

    2,196
    5,327
    Feb 13, 2010
    twin cities
    0
    Workers comp all the way.
    Duty status irrelevant.
    You come to work and slip before clocking in or going on duty is still a workers comp claim.
    Off duty is simply a hos issue..you are at work.
    As long as it isn't 1099.
     
  9. Lostmykey

    Lostmykey Light Load Member

    152
    177
    Oct 6, 2019
    0
    Workmen’s comp. If it’s been a few weeks and your company didn’t say to file initially as comp; I’d talk to a lawyer about your options.

    I just tripped and injured my hand while walking bills in and my company gave me a worker’s comp claim number immediately. My claims department said that we are considered as being at work for as long as we are out.

    I like my company and hopefully there won’t be any issues while we go through this process. I hope to have minimum downtime but I don’t want to do anything to make my injury worse.
     
    Last edited: Apr 9, 2021
    NavigatorWife, Trucker61016 and Grouch Thank this.
  10. ZVar

    ZVar Road Train Member

    8,414
    16,277
    Sep 10, 2010
    Flint, MI
    0
    I was reading an article about something close a year or two ago. A car hauler was in a hotel and had a slip and fall in the hotel shower. Company claimed off duty so no workman's comp. Court sided with the driver as he would never have been there if not working.
     
  11. John E Walker

    John E Walker Light Load Member

    116
    369
    Mar 13, 2021
    NORTH AMERICA
    0
    It has to be reported the day it happens to the company or else you lose workmans comp and now have to sue your employer.
     
    NavigatorWife and AModelCat Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted