Injured at work, but it's complicated.

[Scarecrow14]

Jurisdiction

Oklahoma

I recently got injured at work, but I'm not sure if this would fall under Workman's Comp or Personal Injury because of the circumstances. I drive a concrete truck, and I had finished a job and was doing a routine washout. I was up on the back of the truck hosing out the hopper when the truck started rolling downhill. I scrambled down the ladder, and was about 1/2 way down when I had to jump off of the truck, severely injuring my knee.. At this time, the truck was doing approx. 20 mph. The truck started rolling because the air brakes had failed.

It turns out that there was a recall on this truck back in 2008 for a defective air valve that would allow the brakes to slowly release. The company that I work for bought the truck new in 2007, and until now, never had the truck serviced as per the recall notice. What are my options?

 

[army judge]

I recently got injured at work, but I'm not sure if this would fall under Workman's Comp or Personal Injury because of the circumstances. I drive a concrete truck, and I had finished a job and was doing a routine washout. I was up on the back of the truck hosing out the hopper when the truck started rolling downhill. I scrambled down the ladder, and was about 1/2 way down when I had to jump off of the truck, severely injuring my knee.. At this time, the truck was doing approx. 20 mph. The truck started rolling because the air brakes had failed.

It turns out that there was a recall on this truck back in 2008 for a defective air valve that would allow the brakes to slowly release. The company that I work for bought the truck new in 2007, and until now, never had the truck serviced as per the recall notice. What are my options?

Your options areGENERALLY to report the incident, along with your injuries IMMEDIATELY upon acquiring same to your employer.

This is the state WC site in OK, it explains the law in YOUR state:

Oklahoma Insurance Department - Workers' Compensation

 

[adjusterjack]

It turns out that there was a recall on this truck back in 2008 for a defective air valve that would allow the brakes to slowly release. The company that I work for bought the truck new in 2007, and until now, never had the truck serviced as per the recall notice. What are my options?

Your ONLY recourse against your employer is workers comp.

Had your employer sent the truck for the recall service and the brakes still failed you would have had an additional claim for pain and suffering against somebody else.

But since your employer ignored the recall you're back to your ONLY recourse against your employer is workers comp.

 

[Betty3]

Agree, your employer should have been informed of the injury & it should have been handled as a WC claim.