 Car accident and should I report to my insurance? |
Hi,
I got into a car accident this morning.
A big delievery truck was trying to merge into my lane and hit me from side from behind. But he won't admit it was his fault.
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♥ ♥HONESTY RULES♥♥ | My husband was hurt on the job yesterday. His workman's comp insurance tested him and found .036 alcohol. |
He works in a factory and I am concerned that he may loose his job. Does anyone know what might happen? We have 5 kids and we really need his income!!! |
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Brutus
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Get the drunk into AA and hope that he doesn't get fired. |
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coolbeanie27
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Sorry ...kiss the job goodbye ! It just ain't right to go to work with liquor in your system. Oh...and kiss the workman's comp goodbye too...they'll say he was impaired and therefore unfit to work and therefore ineligible. |
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Michael D
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i think u should be more worried about finding a rehab center than him losing his job..cause having 5 kids and having any alcohol in ur system at work is quite immature...tell him to shape up and get help..and be there for him while he does |
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glavendale
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talk to a lawyer and dont talk to insurance company without talking to one first dont wait i did and i got screwed |
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IAINTELLEN
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Worker's Compensation, and other forms of insurance, are not known for jumping through their *you know what's* to pay out claims. The very fact that they tested your husband's blood quickly enough to find 1/2 ounce of alcohol in his system doesn't make his case look good. I've taken care of countless people who've been hurt on their jobs. When a patient comes into an emergency room for treatment of an injury, no one runs to get a blood sample, even if the skin has been broken. I suspect the company he works for sent a heads up for him to be tested, not Worker's Compensation. Which means, they've known about his drinking on the job, but were willing to tolerate it so long as it didn't cause problems. Getting hurt on the job causes a lot of problems for a business. Safety reports need to be filed. Occupational health organizations like OSHA may come in and start looking for (and fining the business) for anything that doesn't meet the standards. All in all, I'd say things aren't looking very good for collecting comp or getting his job back. I hope he's not so hurt that he can't find something else he can still do with his injury. I also think that if he feels he needs a drink while he's on his job, he might want to consider contacting AA. |
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ScubaDude
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You can kiss his job goodby! Drinking on the job is stupid, stupid, stupid. He got what he deserved. |
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shadow_runnr
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In the majority of states that have a defense involving drugs or alcohol, there is a need to show that it was the proximate or sole cause for the accident. denying a claim using a drug defense is an uphill battle, requiring proof that the drug or alcohol was this cause. This defense is limited in most states and most insurance companies do not pay for post accident drug screening as a result. Generally speaking the WC claim should move forward.
Employer's on the other hand often require post injury drug screening in an attempt to build a defense (whether or not the insurance company can use it), protect itself from liability for any periphery claims, and to enforce employment rules. If your husband's employer has rules regarding intoxication or drug use while on the job, this can become an employment law issue, and there is a likelihood that the company may take what ever action is allowed under their employee handbook for a positive finding on a drug screen, up to and including employment termination.
You should review the company handbook, and discuss this with the HR or union rep. |
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bcdestroya
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You need to find out how soon after the accident did they test him. Did he drink after the accident or was he drinking on the job? If he tested at .036 an hour after the accident then he was legally drunk on the job and will lose all benefits and should be terminated. You need to find a way to prove he drank after the accident because he did not want to take any painkillers. Who tested him anyway? Sounds kind of fishy. |
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barrettins
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My dear lady I feel for you and your family.......I really do. The best advise I can give you is see an attorney that specializes in employment law as fast as you can get to them.
This is too serious a matter to be trying to handle it yourself on YahooAnswers. The advice you get on this site is worth exactly what it cost you.....Nothing. See an attorney quickly. |
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Phoenix, Wise Guru
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It depends on the rules of the employer. For example, where I work, you can drink over lunch, but cannot come back to work drunk. I would be fine as long as I didn't test out at their limit for being "drunk". You should check into his employment policy manual or HR handbook.
And then find out what the f*ck he was thinking jeopardizing his job when you have 5 kids. |
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mbrcatz
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Well, if the factory employment policy says no drinking on or before the job, then yes they can fire him! He needs to NOT DRINK. Drinking while operating equipment could, um, GET HIM HURT ON THE JOB. Or get others hurt or even killed. Which is why they will probably terminate him. |
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NYradicalone
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check your state statutes. in my state the workers comp carrier can deny benefits in this situation. I know of a case where a worker severed off his hand and was tested positive for cocaine - the insurer didn't pay. This is a very bad situation you are in - get a legal opinion! |
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humanresourcesman
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If he does work involving Department of Transportation or Federal Aviation Administration there will be removal from the job until he tests negative. He is fortunate he did not test.04 which is official discipline. However, remember companies can have their own standards which could be lower. The only way for him to know is to wait for Human Resources to contact him. I would not contact them and draw it to their attention. Just wait and see. In the meantime, has he used any mouthwash with alcohol in it etc. Be sure and mention this if they complain because it can up the results. Good luck. .036 is really not that high. |
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