Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
MN WC Charter bus accident
#1
Rolleyes 
my husband received an injury at a charter bus shed. he entered the building in the dark, turned on the overhead lights, which according to him, were inadequate to shine thru the entire site. he went to where he thought his bus was, found it wasn't his bus and went around the bus to find the next one. bam, down he went into a service pit, 4 feet deep. a bus was partially covering the hole, but not enough to cover it completely. he broke his humerus, several teeth, numerous cuts, scraps and bruises. he also had severe whiplash to his upper and lower back. he is being treated for his injuries.
he was working for 3 separate bus companies, but was told he would only receive wc wages from the one responsible. he will be out of work for what we were told 6 weeks, but unsure because he may need surgery on his arm, and what his back situation turns out.
? is it true he will only receive wages for the company he worked for that caused the accident?
what about neglect on them[/size][/font]
 
Reply
#2
While that most likely is the case, ( why would non-involved companies insurance be dinged ? ), your husbands atty is the best soure of information on such matters.
 
Reply
#3
It is not the fault of the other 2 employers that he was injured on the 3rd job, thus they are not responsible for any benefits..medical, prescription,etc.

While it is true that he will only be paid by the insurance carrier for the company he was working for at the time of the injury (the charter bus company), his wages from the other 2 jobs will be taken into account when they figure out what his benefits will be for the time that he is out of work.

Workers comp is a no fault system. Your husband can't collect for neglect nor pain and suffering.

Angel ^j^
I've always been crazy, but it keeps me from going insane.
************
Happiness comes through doors you didn't even know you left open
 
Reply
#4
rules on use of average weekly wage including multiple employment situations is state specific. without knowing which state your husbands claim is control by, specific information cannot be provided.
some states don't include wage information from outside of the covered employment when determining the disability rate the employer /carrier has to pay.
Negligence is not a factor in workers comp liability determinations.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
Question 
[/color][/size][/font]We are in Minnesota. One point that I was trying to make was, if I understand right, that neglect on their part would not be taken into consideration. What about OSHA law?

We want to get medical care, of course and see what happense IF he ends up disabled over this. But I really am confused that if they had covered that servicing hole, this would not have happened.

Also, what do you mean the other two employers income comes into play. I do not expect they should be penalized, but confused.

Should we contact an attorney??? We don't know as have never heard or been thru a WC case before.

thanks for your input.[font=Times New Roman][size=medium][color=#000000]
 
Reply
#6
Contact an attorney yesterday.
 
Reply
#7
There is possible neglect, but you should at least talk with a lawyer. Sooner the better. And welcome to the forum.
 
Reply
#8
your husband should contact minnesota OSHA to file a complaint about any violation of required safety orders.
http://www.doli.state.mn.us/mnosha.html

Again negligence is not part of work comp law. Your husband cannot file a civil suit for negligence for a work injury; workers compensation benefits are the exclusive remedy by a worker against the employer.

Minnesota does allow wages from multiple employers to be used to calculate the weekly wage for disability purposes:
"If an employee works for more than one employer on the date of injury, wages from
all employers must be included in determining the gross weekly wage."
http://www.doli.state.mn.us/pdf/wc_batg_2.pdf

contact the Workers' Compensation Division at (651) 284-5005 or 1-800-DIAL-DLI (1-800-342-5354) or via e-mail (DLI.Workcomp@state.mn.us) to get the wage calculation corrected.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
May I ask? If husband fell in one of the Pits which is used to repair the Buses, that would mean he was in a repair shop to try and locate a Bus he was to operate. But, if no one was in the repair shop, how would he had known the Bus he was to operate was safe to operate, and wasn't in for repair? If he had removed the Bus, without knowing it was safe to do so, or that is was repaired, there could have been even more serious problems happening.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#10
I just read the origional post again. BB is right. Why would he be in the repair shop getting a bus out that may be being serviced??? Was he suppose to go in there and get it out for some reason?
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
Cool Car accident Babebahn 15 5,447 04-05-2018, 06:08 PM
Last Post: California_Help
MyBB car accident sandman 5 5,637 02-20-2018, 12:02 PM
Last Post: 1171
  Car Accident IrishEyes 3 3,890 03-17-2008, 01:33 PM
Last Post: IrishEyes

Forum Jump:


Browsing: 1 Guest(s)