Work comp Claim

Discussion in 'Trucker Legal Advice' started by Jessicarevera, Mar 20, 2024.

  1. Jessicarevera

    Jessicarevera Bobtail Member

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    I was hit head on by a drunk driver uninsured / unlicensed in a company truck. doctor says neck back & shoulder strains. got a lawyer right away. The lawyer went after WC & My jobs vehicle insurance. i got a call days later one of my bosses said he had a termination letter getting ready to send to me if i didn’t cancel my claims. i didn’t cancel them.

    my question is, am i screwed on getting another job in the trucking industry? i got my cdl in march 23’ .

    Thank you for any help & advice :)
     
    Flat Earth Trucker Thanks this.
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  3. The one california kid

    The one california kid Medium Load Member

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    From what I understand, ANY back problems and hardly any company will hire you. I don't know personally as I've never had back problems. But if it's just minor pain you can live with and you wanna stay in trucking, mum's the word.
     
    TX2Day, silverspur and Jessicarevera Thank this.
  4. Jessicarevera

    Jessicarevera Bobtail Member

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    oh yea, i stopped physical therapy in february. minimal pain but do have flare ups which i keep to myself either way. i’m only really worried my career is over with the work comp claim. I appreciate it thank you :)
     
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  5. Numb

    Numb Crusty Curmudgeon

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    if you've been fired for a workman's comp claim, get the lawyer to sue.

    I don't believe they can do that.
     
  6. Jessicarevera

    Jessicarevera Bobtail Member

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    I should have clarified more , my apologies. but they didn’t fire me, i called my attorney right after he said that and my attorney told him he would hit them with a wrongful termination. the guy said he never said it. Thank you ! :)
     
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  7. silverspur

    silverspur Road Train Member

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    Keep track of the paperwork etc. because 20 years from now if you need treatment you will go through the state WC office. Your company may be out of business by then.
     
  8. Bean Jr.

    Bean Jr. Road Train Member

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    Insurance carrier. They likely will still be in business.
     
  9. Bean Jr.

    Bean Jr. Road Train Member

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    Each state varies, but when I was an adjuster, in California we had compromise and release. That was only if the injured worker no longer was employed by the insured. This closed future medical treatment, but was valued to pay up front. Stipulations were permanent partial disability, and would be reopened for medical care. And the last was court order. That was if it went to trial. Future medical was awarded and unless you bought out the future care with a c&r, that file was open until the guy died.

    Btw, you do not "sue" to collect workers' comp benefits. Injuries are presumed compensable unless certain affirmative defenses that the injury did not arise out of employment or caused by employment. Negligence on the workers behalf is not an affirmative defense except for horseplay. In Trucking, a lot of AOE/COE defenses don't work. Office job, you slip at a restaurant, not AOE/COE. Trucking it could be.
     
    Last edited: Mar 21, 2024
    Numb and silverspur Thank this.
  10. Eddiec

    Eddiec Road Train Member

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    Refer all inquiries to your attorney. Do not have conversations with anyone not authorized by your lawyer. Follow all medical request set up by your lawyer. Trucking is going to have to go on the back burner until your case is settled. Always assume that you're being watched by your companies insurance carrier.
     
  11. REO6205

    REO6205 Road Train Member

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    ^^^^^ That's good advice. As a rule, anything the WC carrier wants you to do will be in their best interest and not yours. This is especially true with the doctors and nurses that the WC carrier sends you to. They are working for the insurance carrier, pure and simple.
    Lawyer up, protect yourself. A good WC attorney will make things a lot easier.
    Let us know how this turns out for you.
     
    TX2Day and hope not dumb twucker Thank this.
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