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Safety and security

Discussion in 'Human Resources' started by Jedidiah Jacob Williamson, Mar 19, 2019.

  1. Jedidiah Jacob Williamson

    Jedidiah Jacob Williamson Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    Is an employer responsible for safety and security when you are on the road hours from home and have an accident, when said employer agrees to ha e you driven back to home town? My employer at the time of my cmv accident in Danville, IL agreed to have me brought back to Davenport, IA where the truck would be parked and I could get home. In the midst of doing so they proceeded to have me abandoned in Morton, IL for no less than six and a half hours to await a second driver in a Volvo day cab that can be ran for no more than five minutes before shutting itself down, at a truck stop with no where to safely sit and wait for my ride. At every point I called dispatch they informed me it would be shortly when someone would be there. During this time frame I was suffering from a concussion, and possibility of hemeraging, with definite head trauma. I am personally fealing that their is a law suit here somewhere.
     
  2. hrforme

    hrforme Active Member

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    if had a concussion, possible hemorraging and head trauma, why did you not call 911 and vist an ER? Who decided you were well enough to be brought home?

    In the end, when you accepted the employer's offer to "drive you back to home town", it is pretty much up to them how they get you there. There's no requirement they get you home a specific way or in a specific time frame that I've ever heard of...maybe someone else hear has more knowledge.
     
  3. cbg

    cbg Super Moderator

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    If they had someone standing right there in the office at the exact moment that they heard of your accident, and that person had a vehicle all gassed up and ready to go parked right outside, and the weather was fine and the roads were clear and there was no traffic at all between Illinois and Iowa, it would still have taken three and a half hours at best.

    Since I doubt that all of those superlatives were true, I don't think six and a half hours is all that unreasonable.
     
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  4. Jedidiah Jacob Williamson

    Jedidiah Jacob Williamson Law Topic Starter New Member

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    I was ambulanced to the ER that morning and the doctors ran inconclusive testing that wouldn't show a concussion. The doctor seemed more to want me out of his er than ready to go home. The company immediately started with accusations about drug and alcohol use and sleeping. Even went as far to say between the time of the accident and the time of testing was enough to sober up implying they weren't going to believe results anyway.
     
  5. army judge

    army judge Super Moderator

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    I suggest you follow up any medical issues and concerns you encounter by seeking treatment from licensed MDs or DOs in your hometown.

    Once you've been treated and are under a physician's care, you should speak with a couple licensed attorneys in your county.

    If you are (or were) an employee you should be covered by workers compensation insurance.

    You can discuss your workers compensation claim with an Illinois licensed workers comp attorney.

    There are plenty of them in Illinois, and the attorney you select will discuss the issue of payment with you.

    No need to follow up by posting any of your medical concerns or legal matters on social media, because your business is best kept between you and the licensed professionals you engage to serve you.
     
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  6. Jedidiah Jacob Williamson

    Jedidiah Jacob Williamson Law Topic Starter New Member

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    I was told that the truck picking me up in Morton left Quad cities before the truck took me from Danville so by rites they should have been to Morton before the first driver got me there. Not 6.5 hours later.
     
  7. hrforme

    hrforme Active Member

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    If your biggest issue is the time rather than non-payment of medical bills and injuries, it happened as it did and there is no recourse. You didn't have to be their #1 priority but if the accident is work-related (and it sounds like it is), a workers comp claim is going to need to be what is filed.

    And yes, the employer is well within their rights to drug/alcohol tests and might be required under DOT regulations.
     
  8. zddoodah

    zddoodah Well-Known Member

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    This question is way to vague and lacking in context to answer meaningfully.

    Your posts indicates no conceivable reason why you wouldn't have called 911 to obtain emergency medical treatment. That's not your employer's responsibility. Moreover, your posts indicate that you did receive medical treatment and were released and did not indicate that you concussion and head trauma were exacerbated by any action or inaction of your employer. Finally, that there was a "possibility of hemeraging [sic]" is meaningless. The law does not award damages for what might have happened.
     

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