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Thread: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

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    Default USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    5 year locator out of our office in Wisconsin was going to his first locate of the day, not clocked in per USIC rules.. He was struck by another car that had run a stop sign. Plenty of witnesses to prove his innocence. He goes to the hospital, racks up some bills and is out of work for a number of day..USIC comes back to him and says they are not going to pay any workmans comp or his medical bills because he was not working yet. B.S he says, I'm going to get a lawyer and fight this..outcome of that conversation...Termination of the employee as soon as he brought up the lawyer..Been in this business a long time and this is the most foul treatment of a employee I have ever seen. We are all very expendable. I don't necessarily want a union in my area, but it would have taken care of this issue and given him protection.. Any comments?

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    In general an employee traveling to and from work is not covered by workman's comp.

    There are however exceptions and a company vehicale is one of them, In this case the employee may be paying a commute vehical fee which may negate workman's comp coverage. Still this may not negate coverage becasue the employee is not going to a fixed work location and the company derives benifit for this.

    As quick search finds a few examples;

    "Other common exceptions to going and coming rule
    Workers comp has many gray areas and every state has different laws. Even when states have similar laws, courts can interpret them very differently. The following are common exceptions to the going and coming rule, but you should check with the law in your state.
    ■Salespersons, visiting nurses, and other workers who spend a great deal of their time on the road or on call. Because travel is an integral function of the job for these employees, and because they do not operate from a fixed locale, they are often exempt from the going and coming rule.
    ■Supplied transportation. When an employer supplies a vehicle or pays for transportation, any injuries tht occur are often found to be compensable.
    ■Business travel away from home. Courts are generally liberal in determining compensability for accidents occurring during business travel away from home. Injuries that occur during recreational pursuits or other activities may be deemed compensable while traveling away from home, even if these activities would not be deemed work-related at home.
    ■Driving in a "zone of danger" or an area of special hazards. Such a situation might occur if an employee has to drive through a particularly dangerous area, such as a blasting zone or construction site, to get to work.
    ■Dual purpose. An example of this would be an employee who is driving home from work and performing an errand for the employer on the way. If the employer is deriving benefit from the employee's actions, any injuries that occur may be compensable.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Quote Originally Posted by ProfessionalLocator View Post
    In general an employee traveling to and from work is not covered by workman's comp.

    There are however exceptions and a company vehicale is one of them, In this case the employee may be paying a commute vehical fee which may negate workman's comp coverage. Still this may not negate coverage becasue the employee is not going to a fixed work location and the company derives benifit for this.

    As quick search finds a few examples;

    "Other common exceptions to going and coming rule
    Workers comp has many gray areas and every state has different laws. Even when states have similar laws, courts can interpret them very differently. The following are common exceptions to the going and coming rule, but you should check with the law in your state.
    ■Salespersons, visiting nurses, and other workers who spend a great deal of their time on the road or on call. Because travel is an integral function of the job for these employees, and because they do not operate from a fixed locale, they are often exempt from the going and coming rule.
    ■Supplied transportation. When an employer supplies a vehicle or pays for transportation, any injuries tht occur are often found to be compensable.
    ■Business travel away from home. Courts are generally liberal in determining compensability for accidents occurring during business travel away from home. Injuries that occur during recreational pursuits or other activities may be deemed compensable while traveling away from home, even if these activities would not be deemed work-related at home.
    ■Driving in a "zone of danger" or an area of special hazards. Such a situation might occur if an employee has to drive through a particularly dangerous area, such as a blasting zone or construction site, to get to work.
    ■Dual purpose. An example of this would be an employee who is driving home from work and performing an errand for the employer on the way. If the employer is deriving benefit from the employee's actions, any injuries that occur may be compensable.
    PART TWO, I FORGET TO PUT THIS ON.

    It can be argured that the employer derives benifit from the employee's use of the vehicale while the employee is driving to and from work., even if it is a paid for commute vehicale.

    First the employer reduces paid working hours becasue the employee does not start on the clock at the company office and drive to their first job. Second since the employee clocks out at the end of the last job the employer does not pay for the drive from the last job back the the company office. Also that since the car is not parked at the company office the company does not have to put out the money to pay for a parking lot large enough for all the company cars plus parking for the employee's cars.


    Another factor may well be that it is manditory condition of employment that the employee use the company vehicale and drive it to and from home.

    That employee needs a lawyer. Since lawyers customarily charge 30% of the amount awarded or agreed too I suggest finding a greedy lawyer.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    This is exactly why when it is raining and thunderstorming and I am sitting in my truck I will not clock out like they want us to do..It's only a matter of time that something crazy happens during a storm and you get injured and they will just say the locator was not working at the time of the incident..

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Quote Originally Posted by ProfessionalLocator View Post

    That employee needs a lawyer. Since lawyers customarily charge 30% of the amount awarded or agreed too I suggest finding a greedy lawyer.
    He's going to collect treble damages regardless, disregarding labor laws for financial gain is going to piss the National Labor Relations Board off to no end, if he hires a lawyer smart enough to take the case all the way, as opposed to one that wants to settle quick and collect his fee. This is a prime example of why being union is a good thing, the local has lawyers to defend this very thing at zero cost to the union member, and they will escalate it to every means possible to punish the employer.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Way to go USUCK...ooops, I mean USIC...
    "No, installing your fence is NOT an emergency"...

    - or -

    "It's call BEFORE you dig, not AFTER you've hit something."


    Yes, my avatar does describe my attitude towards many others...

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    And this is why I have always clocked in at the house and clocked out as soon as I got home

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Quote Originally Posted by mmm_paint View Post
    this is exactly why when it is raining and thunderstorming and i am sitting in my truck i will not clock out like they want us to do..it's only a matter of time that something crazy happens during a storm and you get injured and they will just say the locator was not working at the time of the incident..
    they really tell you to clock out if it is raining or thundering and you have not much of a choice but to sit in the truck? Fudge that. You got to be a tool if anyone at usic actually does that! And their insurance should pay that locators hospital bills and time off due to him bein in the company truck. He was on his way to work and in the company truck. Yeah like if they did pay it, it would hurt them in the pocket book. Usic is a joke of a company that always seems to screw their employees more and more each and every day. I would get a lawyer and sue the sh*t out of them.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Sounds like time to call the lawyers again on USIC.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Quote Originally Posted by Florida2012 View Post
    Sounds like time to call the lawyers again on USIC.
    Not a bad idea except that USIC would probably buy out the law firm hired to represent the employee(s).
    "No, installing your fence is NOT an emergency"...

    - or -

    "It's call BEFORE you dig, not AFTER you've hit something."


    Yes, my avatar does describe my attitude towards many others...

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    They probably would have saved money by taking care of this guy instead of having to find a replacement. What a bunch of tools.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Umm... Did the other driver have insurance?
    They would be responsible for the payment of medical bills and possibly days off since workmans comp wont cover it.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    I hope he does follow thru with getting the attorney involved. The company truck is considered a work-space therefore the company should take care of it's employee in that work-space. The outcome of that would have been a little different if it happened here in NC. Fire me up to hear something like that...

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    Quote Originally Posted by radar o reily View Post
    5 year locator out of our office in Wisconsin was going to his first locate of the day, not clocked in per USIC rules.. He was struck by another car that had run a stop sign. Plenty of witnesses to prove his innocence. He goes to the hospital, racks up some bills and is out of work for a number of day..USIC comes back to him and says they are not going to pay any workmans comp or his medical bills because he was not working yet. B.S he says, I'm going to get a lawyer and fight this..outcome of that conversation...Termination of the employee as soon as he brought up the lawyer..Been in this business a long time and this is the most foul treatment of a employee I have ever seen. We are all very expendable. I don't necessarily want a union in my area, but it would have taken care of this issue and given him protection.. Any comments?
    I am replying to this post so I can follow the developments. I think this is awful. Also, I like your username. Big M*A*S*H fan.

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    Default Re: USIC locators beware! USIC will not pay for your medical bills if you are in a acident while on the way to your first job. Read on

    It Hurts me to say this.......But Usic is correct....that would not fall under workers comp as he/she was not on the clock. HOWEVER...Insurance would come into play on that. Just like if you were in your own car, you would go after the other drivers insurance. There could also be the potential for a lawsuit on the severity of the injures as well as lost wages. If the other driver insnt insured uninsured driver insurance should pick up the tab. Now the thing that doesnt make sence to me is why isnt Usic offering assistance to the accident victim after all it is there employee, vehicle and income that is affected as well Not like the other driver isnt sitting there looking a a banged up truck that says USIC on it , thinking hey its payday for me.

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