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  1. #1
    Join Date
    Jun 2009

    Default Truck Driver's Worker's Comp Claim

    I have a couple of question I hope someone can answer them for me. I am a long distance truck driver or should I say was a long distance truck drive. Last year I was in a accident were my truck slid on black ice. I was jerk around pretty bad. I am currently on workmens comp out of Id. I was employed by this company that is based in Idaho but i live in texas and had the accident in ohio. I would like to know what state should be handling this claim. I have not contacted a lawyer but I feel that I might should. The second question I have would be w/c sent me to a doctor of their choice the I completed a form asking to to discribe my pain well I did. For months the doctors that they sent me to told me that my pain was coming from a neck injury. well my neck go better but my pain did not their chosen doctor sent me to have an MRI and it came back saying i had a tear n my rotator cup. Now I am being asks to go to another doctor for a second opinion because my adjuster is saying its be 7 months and she wants to make sure the accident could have cause this injury. I hurt nightly I have to sleep with 5 pillow up under my arm just it does not move at night because of the pain. I cant carry groceries n the my house with this arm. I have been telling the doctor tha both of my shoulder hurt. and noone paid any attention to me I was told my pain was coming from the neck injury i sufferd. please advice me of the laws and what i can possible do.

  2. #2
    Join Date
    Feb 2007

    Default Re: Driver

    Info for ID IW's is here.... It would be a good idea to make yourself familiar with these rules and FAQ's.
    You should also consult with an attorney handling comp issues.
    Can I choose my own doctor?

    Yes, if the employer has not designated a treating physician. Under emergency conditions you may seek the most available medical treatment, even when another physician has been designated.

    What if the insurance company's designated doctor or Independent Medical Examiner disagrees with my physician?

    The insurance company can accept the opinion of any physician as long as it is reasonable. If you feel the insurance company is unreasonable, you can file a formal Complaint {I.C. 72-706} with the Industrial Commission. The Complaint initiates the formal legal process to bring the issue to the Commission for a hearing and decision.

    Can I change treating physicians?

    Yes, you may ask the current treating physician for a referral to a new treating physician. If the physician declines to do so, then that request may be made of the insurance company. If the insurance company declines to do so, you may file a Petition for Change of Physician {I.C. 72-432 (4)}. Without pre-authorization from the insurance company or a successful Petition for Change of Physician, you may be liable for the fees charged by a physician of your choice****aq.htm
    If your employer or your employer's insurance company cannot help you with your questions or concerns, contact an Idaho Industrial Commission Compensation Consultant, by calling 1-208-334-6000, toll free 1-800-950-2110 V/TDD.
    If you have concerns with the jurisdiction of your claim...file with each states WC board.

    Generally the jurisdiction is going to be the state the ER is doing business in. Where they are home based, and the coverage is provided. The ER/employer is the insured party, not the EE/IW.

  3. #3
    Join Date
    Oct 2006

    Default Re: Driver

    generally jurisdiction is where the accident occurred or where you live. you may have a choice.
    since you posted on the Idaho forum here is information on their comp laws

  4. #4
    Join Date
    Aug 2008

    Default Re: Driver

    I also am/was a long haul truck driver.My company is based & I was hired out of Kansas,I live & was injured in Georgia.I had my WC moved to Ga.
    My company did not like it one bit but It was my right to pick which state I wanted my WC in ( I never would have been able to do it without a lawyer ).
    I strongly suggest you study the WC laws in each state you are eligible in & pick the state that is most beneficial to you.

  5. #5
    Join Date
    Aug 2008

    Wink Re: Truck Driver's Worker's Comp Claim

    Ladytruckdriver, first let me say that you make me dad owns a truck co (reefers)....any case, I think it is sooo awesome when women can take the challenge and handle those big rigs....

    As for your injuries, you need an atty, it is good to come to the forum for a bit of advice here and there, but for what you need help with, you need an atty that will fight to get you your treatment.

    I have found much info here that has helped me and I am sure that you will too, but in order to keep from getting railroaded even more, lawyer up....NOW!!

    a hurt nurse in illinois

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