Results 1 to 4 of 4

Hybrid View

  1. #1

    Default Trucking Worker's Comp

    I have a driver who has claimed a work comp injury 3 weeks ago that got denied, and is now claiming a seperate injury this week which also looks like it will be denied. My question is: who can we cut ties with this individual legally? The only thing I can come up with is to send him for a DOT physical to make sure that he is physically qualified to drive a truck. Is that even legal? Any help would be appreciated. We are based in WI, and the driver has refused health insurance if that helps at all.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problem Employee

    You have to be careful during the period preceding denial - you can't terminate an employee, after all, for making a valid workers' compensation claim. Depending upon the nature of employment, union issues, internal policies, etc., it makes sense to start building an appropriate file documenting any problems with the employee, warnings issued, etc. You may wish to consult with an employer-side labor lawyer in your state about these issues, generally, such that you can set up a good system for disciplining and terminating employees which minimizes the risk of litigation.

  3. #3

    Default

    What about if the claim is denied due to this being a pre-existing? That would be 2 times within the past month that this has happened. Currently we have him on light duty, would we need to continue that if the claim was denied?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Disabled Truck Driver

    He may nonetheless have rights under the ADA. If you need specific advice about this specific employee, you should consult with your company's lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Worker's Comp Medical Claims Denied By Worker's Comp Question
    By erinnsmom in forum Worker's Compensation
    Replies: 2
    Last Post: 02-20-2008, 09:35 PM
  2. Worker's comp pay
    By Doug CRF in forum Worker's Compensation
    Replies: 1
    Last Post: 07-20-2006, 12:10 PM
  3. Worker's comp law for Pennsylvania
    By mvm522 in forum Worker's Compensation
    Replies: 4
    Last Post: 07-31-2005, 12:37 AM
  4. Help with Worker's Comp in Kentucky
    By kystormz in forum Worker's Compensation
    Replies: 6
    Last Post: 06-20-2005, 06:39 PM
  5. Worker's Comp Settlement
    By SassyCathy in forum Worker's Compensation
    Replies: 1
    Last Post: 04-12-2005, 02:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources