Work Comp Question

Discussion in 'Hazmat Trucking Forum' started by Kimike, Oct 29, 2023.

  1. Kimike

    Kimike Bobtail Member

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    I have held a class A CDL with Hazmat over 16 years before starting work with my employer. I worked for them for 6 years before I was injured on the job 2 years ago. Because of the injury, I’ve been unable to complete a physical to maintain my medical card. There has not yet been a settlement as I’m still waiting for proper medical treatment (yes even after this long) So I am wondering are there any federal laws to protect my rights and licensure on a federal level. Can my employer be held responsible for the loss of my CDL with Hazmat beyond state laws?
     
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  3. Eddiec

    Eddiec Road Train Member

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    This sounds like a questions for a workmens comp attorney. Have you had any medical treatment for your injury? Who determined that you have not received proper medical treatment?
     
  4. Ridgeline

    Ridgeline Road Train Member

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    NO, get a lawyer to see about the compensation for other things, the CDL is your responsibility.
     
  5. Lennythedriver

    Lennythedriver Road Train Member

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    I’ve never had a workman’s comp claim of any kind in my life, but probably could have a few times. I’m not an attorney, obviously, but in my opinion, the CDL would be your responsibility to maintain it since you’re physically unable to drive due to the injury, you might be looking at losing your CDL. When evaluating a Workmen’s Comp. settlement with a company it’s usually based on your expectation of a loss of income for a certain time period. That would encompass not being able to drive any longer. You really need to get a good Attorney, and have them evaluate your situation or I guarantee you if you’re trying to deal direct with Workmen’s Comp., the state and your company, you’ll end up getting ripped off. Their soul existence is to save money and keep the settlement cost at a minimum. And they will do anything to achieve that.
     
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  6. PATruckie

    PATruckie Bobtail Member

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    Change your self-certification on your CDL to not carrying a med card (temp fix to maintain your license, change back with new physical). Keep up with your Haz Mat re-certs as normal. If/when ready to return to work, simply present new med card and change self-cert back. This will keep your license intact while you get the rest of it sorted out.
     
    Last edited: Oct 30, 2023
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  7. Kimike

    Kimike Bobtail Member

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    Oct 29, 2023
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    I have received some treatment. I do have an attorney. It took 11 months for WC to get me even scheduled to see the specialist they were court ordered to have me see. Both rating docs have called this entire situation mismanaged. I can’t pass a physical because of their negligence leaving me at the cost of losing my way of making a living.
     
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  8. Kimike

    Kimike Bobtail Member

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    Oct 29, 2023
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  9. Kimike

    Kimike Bobtail Member

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    Oct 29, 2023
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    I have received some treatment. I do have an attorney. It took 11 months for WC to get me even scheduled to see the specialist they were court ordered to have me see. Both rating docs have called this entire situation mismanaged. I can’t pass a physical because of their negligence leaving me at the cost of losing my way of making a living.
     
  10. buddyd157

    buddyd157 Road Train Member

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    is your lawyer even experienced in workmans comp cases.??

    11 months? heck, man, only a few days to a week or 2 at the most, you should have been seen.

    there are time limits here.....not "open forever"

    i think you lost anything you were told you were going to get.


    your CDL is on you 100%.

    if your state allows you to self certify, that you have a CDL but not currently driving, than do so....
     
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    I'm probably one of the only members of this forum that has actually HAD a workers comp claim (and a 6 figure one at that) for an injury sustained at work. I'm pretty sure most of these people are guessing and don't really know what they're talking about.

    Any losses you sustain from an injury at work are the responsibility of workers comp to replace. (pay being limited by the max WC payout of the state you were injured in) They have to have a value, though. If you had a credential before being hurt and now you can't get said credential, that has value because of what is known as "future loss of income." You can sue workers comp, as I did, for future loss of income. You cannot sue your employer, however.

    Many people on here will say it matters if you were at fault being injured at work. That is NOT true. Workers comp is a "no fault" type of insurance. No questions asked. The only question asked is, "Were you hurt on the job or doing a job related activity?" If the answer is yes, workers comp is your avenue for compensation. And your ONLY avenue for compensation.

    There are no laws to protect licenses directly, however. You should be asking these questions to your lawyer, not truck drivers who never filed a workers comp claim in their lives.
     
    Last edited: Nov 22, 2023
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