do i qualifty for workman's comp insurance If I get hurt

by Renzenberger » Mon Mar 09, 2009 12:15 am

I broke my tailbone from work. I drive a van for a living and transport railroaders back and forth from various sites.

Total Comments: 11

Posted: Mon Mar 09, 2009 03:03 am Post Subject:

If you were injured while working and your employer has WC, you should be able to file a claim. Speak to your employer.

Posted: Mon Mar 09, 2009 10:09 am Post Subject:

Hi..

Actually tcope is right. If your employer hasn't opted for WC, then you really can't do much about it. BTW, do you own this vehicle or does it belong to your employer?

Roddick

Posted: Mon Mar 09, 2009 02:28 pm Post Subject:

I'm guess there was no accident and maybe a compression fracture from driving all the time? Certainly file a claim with your employer...(rr crews in a 'cab' we call 'dead heading' in my part of the world.. :wink: )

Posted: Tue Mar 10, 2009 07:31 am Post Subject:

If you were injured while on duty, you should qualify for the workman's compensation.

I'm guess there was no accident and maybe a compression fracture from driving all the time?



Would this be compensated by the employer?

Posted: Tue Mar 10, 2009 01:35 pm Post Subject:

Jeremy, if it came from the job...would'nt/couldn't it be the same as say carpal tunnel? there is no 'accident' but an injury results from repetative motion...my guess is if it can be proven that the driving caused the injury then yes it could.

Posted: Wed Apr 15, 2009 06:10 pm Post Subject: Workplace injury

Document at the earliest. Inform supervisor with a reliable witness present.
File WC claim. It will take a long time to resolve.

Posted: Thu Apr 16, 2009 07:14 am Post Subject:

Lori, I think it would be really difficult to prove that the injury was caused through repetitive action, especially if the OP was injured while off-duty. Don’t you think that the employer would argue that his work profile has contributed only partially to his condition and he had drove around while not on duty as well?

Posted: Thu Apr 16, 2009 09:41 am Post Subject:

Hi jeorge,

Don’t you think that the employer would argue that his work profile has contributed only partially to his condition and he had drove around while not on duty as well?



Definitely! They might argue..but then if he was seriously on duty, he should be able to defend himself. A piece of document or any witness would suffice to prove his cause. Steven

Posted: Thu Apr 16, 2009 11:42 am Post Subject:

Lori, I think it would be really difficult to prove that the injury was caused through repetitive action, especially if the OP was injured while off-duty. Don’t you think that the employer would argue that his work profile has contributed only partially to his condition and he had drove around while not on duty as well?

No question they will fight it, and have a point with the not on duty driving however, if he can prove (should be easy if true) that he drives say 400 miles a day at work and maybe 200 a WEEK personal, the math for what caused the injury would be pretty easy, or perhaps he could argue 10% or so on OP for personal driving..no question it will be a hard sell either way....I'd like to know the outcome of this, as I have two compression fractures myself.. :lol: :wink:

Posted: Fri May 13, 2011 03:55 am Post Subject: djkBpSSIFMeYCOnzG

Workman qualification.. WTF? :)

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