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swintec
Premium Member
join:2003-12-19
Alfred, ME

swintec

Premium Member

How does workmans compensation handle jobs on the road?

Long story short...UPS truck was stopped waiting to make a left hand turn on a higher speed busy road up this way. Time Warner Line/bucket truck coming from behind does not see the UPS truck and slams into him from the back....UPS truck is pushed into oncoming propane tanker truck. UPS driver is killed. It got me thinking about injury in the work place.

I understand this is considered a death on the job. When someone who works in a "normal" job at a factory or office building is killed on the job, paperwork is filed out the behind and heads may roll because of it....how is this handled in a job where outside influences is out of the control of the company, such as in a driving job.

Also, say this particular driver lived, but was just severely injured requiring expensive medical bills. Is this a workmans comp case for the driver, or simply treated as an automobile accident where Time Warners auto insurance will cover expenses, like in a normal vehicle accident?

There is just so many things that can happen when you are out on the road and going from house to house that a company can not predict will happen, despite trying there best to keep you under safe working conditions so I was just unsure how far worker protection laws and there associated compensation goes.

Gbcue
Premium Member
join:2001-09-30
Santa Rosa, CA

Gbcue

Premium Member

Death: Would be a normal insurance claim to Time Warner's insurance. Paperwork ensues.
Injury: Same as Death scenario.

Since it's 100% Time Warner's fault, all the money would be coming from them, not worker's comp, although you may still get some.

Chuck22
Premium Member
join:2003-11-10
Salt Lake City, UT

1 edit

Chuck22 to swintec

Premium Member

to swintec
Several years ago, I was driving to a company site (on company time but in my own vehicle) and was side punched by a pickup truck going about 40 mph. I was in a coma for five days and suffered massive head trauma (plus other injuries). Workmans comp covered everything (including all hospital costs at two hospitals, and subsequent physical therapy for several months) just as if I was injured in an industrial accident at the plant's site.

I understand that Workers Compensation Fund took the driver of the truck to court and sued to recover costs, but that was their issue and had nothing to do with me. I was told that I could not take legal action against the driver if I accepted workers compensation.

After I was released (medically), I received a tax free lump sum wage loss compensation from workers comp. That was helpful, but did not cover the actual wage time lost.

swintec
Premium Member
join:2003-12-19
Alfred, ME

swintec

Premium Member

So if this UPS guy lived, he would have had to choose between going after TW and there insurance on his own for a settlement, or take workmans comp. and be done with it?
nonymous (banned)
join:2003-09-08
Glendale, AZ

nonymous (banned) to swintec

Member

to swintec
Depends on the state. If you claim workers comp you may not be able to sue. Or if you are and win you pay back workers comp first then get what is left. So if allowed to sue make sure it covers the workers comp, medical bills portion to pay them back first, then plus what you want on top of that and the lawyer fees.