Question:
On Thursday 1/8 my husband laid his car over on it's side and was hurt. The company had him drive to Arkansas with the understanding that he was to go to some training classes, then he would get another car to come home for a bit.
On Monday, he had a meeting at the head office in Arkansas and they informed him that he was fired. They haven't given him any kind of claim number or anything for getting into another doctor for a check up and he is really sore in areas. Thankfully for him he was wearing his seat belt. But he was still hurt and I need to find out what should be covered by Workers compensation and what kind of laws govern caring in consideration to workers compensation. I have already put out a few phone calls to attorneys around the area on the subject but I thought I would come to the one place I would more than likely find information.
Most people in life live with a 50-50-90 style. In other words when there is a 50-50 chance of getting something right there is a 90% probability that your going to get it wrong.

Answer:

You should talk to Opie on here, All states have workers' comp laws. Your husband can file a clame in the state in which he was injured in. I would check out the workers comp rate in that state and the one in your home state and go with the higher rate.
Also did your husband seek medical treatment for his injuries. If not he needs to be checked. And be off work for at least three days, this way his Family Medical Leave will kick in. Once the doctor has him off from his injury he is portected by DOT regs, Illness and Fatigue, and the FMLA. Make shure that he contacts Opie.
Catch you on the flip

Answer:

Yes he did have medical attention the day of the accident. He was taken by ambulance to the hospital where he was released to a motel room later that evening. The doctor told him that he wasn't released to go back to work until Saturday or until he was experiencing no more pain. That he should see his doctor in five to seven days for follow up and treatment if needed then. Thursday will be seven days since seeing the last doctor and he has asked the company for a number to see a doctor but they haven't given it to him. I talked with an attorney here and he advised me that the company must give him that number and that once he is home (which will be thursday or friday because I rented a vehicle for him to get home in) to see his doctor for a complete check up.
Most people in life live with a 50-50-90 style. In other words when there is a 50-50 chance of getting something right there is a 90% probability that your going to get it wrong.

Answer:

That you are dealing with at least 2 different state laws here. Your home state and the state in which the company is based out of. It might be a good idea to check into Worker's comp laws for the caring companies home state to see exactly what your options and rights are.
I will always be a mutter carer at heart.

Answer:

I would get a hold of Opie on the law form here, your husband was terminated for placing himself out of sevice due to the Federal Motor Carrier Safety Regualtions under Illness and Fatigue, which states that no motor carrier shall require a driver to operate a commercial motor vehicle due to illness, Your husband was terminated because he complied with the FMCSR's. That makes his termination an act of discrimination under The Surface Transportation Act.
Also I would contact the Dept. of Labor, their web sit is click on the Family Medical Leave Act icon. your husband was off more then three days under doctors' orders. The company must allow him twelve weeks of unpaid leave due to illness for himself or an immediate family member. you have 180 days to file a complaint under both of the above sections'.
Finally Opie will be able to help you on your workers compensation problems' also. I know Opie he has worked on a case for me personally and you will not find a better attorney in the transportation industry.
Let me know if I may be of additional help.
Catch you on the flip!

Answer:

for the reason Scalehouse mentioned no company is going to admit to that. The "reason", which may be true, is that he was fired for rolling his car which the company probably decided later was extremely preventable.
I will always be a mutter carer at heart.

Answer:

The reason the company told him they were letting him go was because of insurance issues. Personally, I don't care why they fired him it was the way they did it that bothers me. There are a few companies here locally that are willing to hire him but he has to be cleared by a doctor before they can hire him. The only concern I have right now are regarding his rights under the workers comp law. Right now I am so confused it isn't funny. It's been mentioned to look at the laws from the state he had the wreck, the state of the parent company and our own state. Mind you that he is hired from the terminal of our home state. We have an appointment with a lawyer here locally on Monday. I have already made up my mind that I will help research whatever laws need researched. I spent well over three hours today just printing and reading a little of the workers comp laws from the companies home state. There are times when I just want to scream. But like I said I just want to make sure that he gets the proper medical treatment.
Most people in life live with a 50-50-90 style. In other words when there is a 50-50 chance of getting something right there is a 90% probability that your going to get it wrong.

Answer:

"The only concern I have right now are regarding his rights under the workers comp law."
First of all you have to be an employee and not an independent contractor. Since he was fired I am assuming that he meets the employee requirement.
The worker's comp laws are very liberal in most states. In your case I doubt that you need an attorney. What happens is that the attorney gets 1/3 of what you would have received anyway. They are responsible for paying all of his medical bills and he is entitled to payment of his wages until such time as he is cleared to return to work after an exclusion period.
Usually they will assign an adjuster to handle the claim and you need to keep a copy of anything you pay to forward to him. Be sure you get a written statement from the doctor that he cannot work.
It will not hurt to have a conference with the attorney but do not sign anything until you are sure you need his assistance.
The best place to start is your local worker's comp office rather than the attorney's office. They can help you fill out the forms and advise you of your rights under the law. Since he was not seriously hurt it probably makes no difference of which state so your home state will be the best.
The termination is another issue. He is eligible for unemployment compensation once the worker's comp ends and he still does not have a job. If he received a traffic ticket for the accident and has other problems on his DAC or MVR he may have trouble getting another job as a car driver.
IF it was a non-preventable accident there is little you can do. If it was preventable you need to get a written statement as such from the company now along with a copy of his work record so they cannot put something else on his DAC report later.
morris

Answer:

Thank you Morris. I was just going to consult with an attorney and not sign on with him unless we need him later on down the road.
Most people in life live with a 50-50-90 style. In other words when there is a 50-50 chance of getting something right there is a 90% probability that your going to get it wrong.

Answer:

You can file a comp claim in the state that the accident was in, or you may file one in the state that you reside in. I would find out the weekly benift amounts for both states and go with the higher rate. As for the need of an attorney you are not allowed to represent yourself in a workers comp hearing and must retain legal counsel. That is required under the workers comp law.
You need to also, as I have previously mentioned contact Opie on here at the law form. He would be most helpful to you, Opie is here as a moderator and provides some free legal advice. Please contact him.
The web site that I gave you for the Dept of Labor is linked to your husband has Family Medical Leave Act rights that were violated and you need to have a complaint filed so that he may be reinstated. Additionally Opie will explain to you how the Surface Transportation Act works in your husbands case. He was injuried on the job and placed out of service due to illness, by a doctor. This both helps in his FMLS compliant and his STAA complaint.
His employer is violating the law by refusing to comply with the Workers Comp. Issues. The employer will not just cooperate at this point with your husband , you are going to need legal action to bring this employer into compliance. It is also illegal to fire or discriminate aganist an employee for filing a workers comp. claim.
Finally, I would file a unemployment claim and state that the reason for your husbands termination was due to Illnees and compling with the Federal Motor Carrier Safety Regulations' in the safe operation of a commercial motor vehicle. Have your husband call the employer and request from them his Family Medical Leave Papers so that his doctor may fill them out.
Catch you on the flip!