Legal Question in Workers Comp in Alabama
Workmans Compensation Rights
I was injured while exiting the Cab of the Companies Tractor Semi.I Sprained my wrist.I was informed by my Dispatcher to go to my Doctor and then to Call to apply for WMC.I was given a 7 day leave from work by my VA Doctor.I requested the Form from my Company for WMC but was now told by the Safety Dept to go to their Doctor and to be Drug tested also.I refused on account of I had already been to my MD and I refused a Drug test as this was not a moving vehicle accident.I was told that it was their Policy to do a drug test after an injury.I asked them to fax me the policy.Instead I was chastised that I refused a direct order to go to their MD and to be Drug tested and then he said that he interpreted my refusal to go their MD as my Resignation.I was asked where I had left their Truck and I was summarily terminated by the Operations Manager based on his belief that this was a Show of my Resigning the Company and his reason for reclaiming the truck that I was assigned and of eliminating me from his Company.I was also refused a copy of the WMC Application.The Company is out of Birmingham Alabama.I was also denied a copy of a written policy showing that I had to submit to a drug test after an injury.Thank You
1 Answer from Attorneys
Re: Workmans Compensation Rights
If u r covered by the PA statute according to Section 305, we can have a Pennsylvania Workers' Comp Judge look at the injury and get bills paid and money flowing.
The drug test stuff is a confusing red herring unless the general topic is governed by a collective bargaining agreement.
You should either be on WC or sue for wrongful discharge in violation the public policy exception to at-will employment under the schipps lumber case; maybe both.
As a trucker, you may have to surmount the independent contractor defense, but it was the Employer's truck and they may have paid you with W-2s rather than 1099s.
Seek able counsel. Blair Pawlowski, Dino Persio in Ebensburg, Bob Bell in Indiana.
Any potential Client can call or eMail me anytime.
Good Luck.
TV
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