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dle
Joined: 03 Jan 2005
Posts: 730
Location: Texas
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| Posted: Tue May 15, 2007 8:57 am Post subject: responsibility of trainer if student gets hurt? |
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I've done some searching through various sites trying to find the answer to this without much luck.
Are training drivers mandated by law to see that an injured student is given medical treatment? Especially if the student requests to be taken for medical treatment. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4596
Location: East Central IL between the corn and the beans
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| Posted: Tue May 15, 2007 11:56 am Post subject: |
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There is nothing in the FMCSA that requires this. The only government agency that might cover something like this would be OSHA. Beyond that it would be more of an individual company policy.
Regardless of any regulation or policy, if someone needs medical attention and someone else prevents them from getting it they are opening themselves up to all sorts of civil liability. |
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lucky13
Joined: 05 Apr 2007
Posts: 110
Location: delievering pizza for UPS.
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| Posted: Thu May 17, 2007 12:27 pm Post subject: |
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| Its pretty sad when we have to check the rules before making sure someone who medical attention gets it,the rule would be common sense!! We live in a world were everybody sue crazy :!: |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Thu May 17, 2007 8:39 pm Post subject: |
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Uturn2001 wrote: There is nothing in the FMCSA that requires this. The only government agency that might cover something like this would be OSHA. Beyond that it would be more of an individual company policy.
Regardless of any regulation or policy, if someone needs medical attention and someone else prevents them from getting it they are opening themselves up to all sorts of civil liability.
Read the work comp rules! |
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devildice
Joined: 04 Sep 2006
Posts: 1412
Location: Helotes, Texas
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| Posted: Thu May 17, 2007 8:45 pm Post subject: |
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lucky13 wrote: Its pretty sad when we have to check the rules before making sure someone who medical attention gets it,the rule would be common sense!! We live in a world were everybody sue crazy :!:
couldn't have said it better!!! |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4596
Location: East Central IL between the corn and the beans
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| Posted: Thu May 17, 2007 10:02 pm Post subject: |
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Quote: Read the work comp rules!
Would you care to provide a link?
Worker's comp laws are handled at the state, not federal level. |
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Ridge Runner
Joined: 18 Oct 2004
Posts: 2426
Location: North Ga.
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| Posted: Fri May 18, 2007 7:35 am Post subject: |
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| While the trainer might ( and probally will ) be named in the suit, the one that the laywer is interested in is the one with the DEEP pockets ( insurance). THE COMPANY! |
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yoopr
Joined: 01 Dec 2004
Posts: 12866
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| Posted: Fri May 18, 2007 11:03 am Post subject: |
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| I think there's laws on the Books for Rendering Aid and I think something like this would fit under what you're asking. I don't think there's anything in the Trucking Bible for it though. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4596
Location: East Central IL between the corn and the beans
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| Posted: Fri May 18, 2007 11:28 am Post subject: |
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yoopr wrote: I think there's laws on the Books for Rendering Aid and I think something like this would fit under what you're asking. I don't think there's anything in the Trucking Bible for it though.
There are good samaritan laws in many states that says that a lay person who is rendering aid can not be held liable if they have done so to the best of their ability should that aid cause additional injury or harm.
There are also laws on the books that says if you are a liscenced medical proffesional that you must stop and render aid as a 1st responder in an emergency situation. |
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