Worker comp

Workmans comp is surely no way to go if you want correct health care. But you'll forced into it if the injury happens on the job. Then they will send you to their doctors to used the cheapest treatment available. If the injury is serous it's best to get legal aid right from the start. You can sue for your injury but only when a third party is involved. That's when you're at a place your employer has no control of and you get hurt because something then did and not your company had no control. And then if you do get a settlement workmans comp wants all their money back. The only way you can make out is if you do get a settlement and it's large enough to pay back W/C and pay you for what you will loose. It's smart to work safe because the old thoughts that you can get rich from a company is just not true anymore.

 

E-Logs have been known to ''prevent'' injuries on the job...

 

I don't think that GasHauler was accusing you there, I think he was making a general statement about working safely. The sad fact is that employers everywhere would totally ignore worker's safety if they were not forced into doing otherwise. I've been hurt on the job, due to faulty equipment myself. But the bottom line was, that I knew the equipment was faulty, and happened to have my head up my butt at the wrong time. So was the company to blame? Or was it me? Or was it a combination? I think it was a combination.

It might not hurt for you to check with a worker's comp attorney who is in no way associated with the attorney you have already talked to. Just like with doctors, spending a few bucks for another opinion, just might save you big bucks in the long run.

 

Correct, I was making an accusation that some believe. It's a cold world in driving. Either you take your chances and make a living or you hang it up for awhile for you to prove you're right. You would be correct in not driving an unsafe vehicle but a poor driver. The companies have more money to hold out and they know this. However, I have seen a driver report the condition of a truck to DOT and he got fired. He went and got a lawyer and ended up getting his job back with all back pay. He won his case but all that time he spent trying to fight the problem he went into debt. Plus he had a Lawyer bill. I believe, in your position, the only recourse you have now is to prove your point in court.

 

So when the company failed to act why didn't you file a complaint with OSHA like you were suppose to? Or is crawling in the back of a trailer a normal thing? If your health wasn't the greatest they do make step ladders. Maybe you shouldn't of took a job outside your physical abilities?

To me it sounds like you had a poor doctor and a poor attorney. I would talk with a second attorney. People sue workers comp everyday. Just look in the yellow pages at all the ads. A good attorney would put pressure on the insurance company to fix you or go to court. You need second opinions to get out of the corrupt circle you are in.

 

Geez,I'm very sorry to hear that,that's horrible. I feel your pain...literally! I also have a torn tendon in my shoulder."They" didn't want to to do much for me,but I'm a stubborn mule! So I did see a Dr. One on one,they tried same thing,sending me to their Drs. Uh uh uh ...not happening. It's supposed to be a LONG recovery time which I'm not happy about. My Dr says he has to actually sew the tendon back to the bone...what tha? I also asked how many he's done,I ask A LOT of questions,they're always ready to get me out of there! Lol

I,like everyone else here think you should really seek better advice. I can't even imagine that that's right. Have you tried contacting the Attorney Generals office in your state?

 

Everything depends on the state where you are located in. Most states have very cut and dry regulations and they use the AMA Guides to the Evaluation of Permanent Impairment to figure your percentage of injury. They have charts and tables to figure your worth so there's no need to try to get more. When you need a lawyer is when they fail to pay you or fix you. Some states have even set up a legal office to help you with your fillings.

If you're lucky the injury can be a simple fix and the company has no wiggle room to screw you and you're back to work after re-hab. Most do not happen that way. But if you look from the company's side you'd look for a way out too. It's pretty common sense that if you choose to drive or work an unsafe truck then you're putting your butt on the line. We all know that as a driver we should not operate such a vehicle. And that's going to be the first question from the opposing lawyer. "Why did you operate this vehicle when you wrote it up for problems"? The only recourse this driver has is to find a doctor and lawyer that can help him. Depending where this is might be the problem.

 

According to the DOT Cop i just had coffee with,all trucks have something wrong or unsafe with them...The Game is rigged...Trucking is a dirty dirty game..