responsibility of trainer if student gets hurt?

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Old 05-15-2007, 02:57 AM
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Default responsibility of trainer if student gets hurt?

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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Old 05-15-2007, 05:56 AM
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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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Old 05-17-2007, 06:27 AM
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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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Old 05-17-2007, 02:39 PM
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Originally Posted by Uturn2001
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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Old 05-17-2007, 02:45 PM
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Originally Posted by lucky13
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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Old 05-17-2007, 04:02 PM
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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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Old 05-18-2007, 01:35 AM
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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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Old 05-18-2007, 05:03 AM
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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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Old 05-18-2007, 05:28 AM
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Originally Posted by yoopr
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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