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  #1  
Old 12-27-2004, 09:03 PM
springl200150
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Default occ/acc verses workman's comp

i have a question where i have received too many different answers to concerning occ/acc and workman comp insurance. does occ/acc cover a workman's comp claim??? is occ/acc sufficient insurance to have if there is a claim? how do you detect a fraudulant workman comp claim? thanks i really need honost answer/input.
  #2  
Old 12-27-2004, 11:36 PM
mikesherman34
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Default If you

are asking in advance are you a really cautios person or expecting to have a claim? I pay a lot for short and long term disability even though I am covered by comp. BUT I am 54 abd snoked for 41 years now. As for detecting fraud, it is pretty easy and can carry prison time witha felony conviction on your record, In the long run working is easier and more profitable.
  #3  
Old 12-28-2004, 05:27 AM
icantinaturner
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Default Just an opinion...

because I think you're asking in the wrong place. There are few insurance experts here and I'm certainly not one of them. But... here are a couple of opinions.

You said,

"i have a question where i have received too many different answers to concerning occ/acc and workman comp insurance."

What is your status? By that I mean, are you an O/O and self-employed or a company driver? Company drivers are covered by mandatory workman comp and have no need for occ. Self employed persons use occ as a w/c substitute in some states. In some states they must have "w/c-like" coverage such as occ, while in other states they don't need a thing.

"does occ/acc cover a workman's comp claim??? is occ/acc sufficient insurance to have if there is a claim?"

Occ works similarly to w/c if a self-employed person is injured. I carry occ but have never claimed an injury. I've been told that in the event of an injury, the insurance pays a "percentage" of average earnings that the self-employed person has earned over a period of time. One acquaintance who had to use it found that the "percentage" was something like 60-75% of his actual settlements and wasn't quite enough to cover his expenses... He was laid up for 6 months and supposed declared bankruptcy to keep his truck and house. Bear in mind, that this person was a driver so 50% of what he said was probably uninformed BS... =0)

"how do you detect a fraudulant workman comp claim? thanks i really need honost answer/input."

Same way that all fraud is detected; someone drops a dime on you for whatever reason, or are there is enough money involved to get authorities snooping into the case. An acquaintance sat on the jury for such a case and the supposedly "injured" person was caught on video teaching an aerobics class... Not smart to do things like that if you're "injured" and cameras now have zoom lenses.

If you want really honest/accurate information, visit the URL below this message and call the 800 number. They should be able to help you.

  #4  
Old 12-28-2004, 07:58 PM
springl200150
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Default just an opinion

icantinaturner thanks for answer,,here is more info on problem.. we are o/o with 5 trucksleased to a company. driver was in accident that was not his fault(per police report).driver has filed work comp on 3 other truck companies for basically same "injuries" within last 6 yrs. driver was contract labor on our trucksome state say that there is a difference in occ/acc and workman comp. lease company never said we had to have workman comp ins. attorney says we did nothing wrong as far as the insurance goes, because lease company deducted all insurance on weekly settlements and that we had what is required. i feel driver just wants another huge windfall since last 3 truck companies paid off to this jerk. we have no $. we are barely making it in this industry. driver also had unauthorized passengers on truck. one has sued us also. attorney says passenger has no claim, but , yet, i am still beig sued. this is a mess and a nightmare. all people on both trucks refused medical care at the scene.i have someone "watching" these two people since i cannot afford private detective. driver supposedly stopped working 9-2004, driver has a worthless spouse who refuses to work, and i'm wondering how they pay their bills with no income..i feel this is fraud, because i am 4th truck co. to be sued by this persson..and previous !!depositions on those "accidents" are in my possession . and i see a pattern. i am very angry over this. i walk the line, do what is right and leave people alone. i have never asked for anything from anyone and i do not have anything to give. driver wrecked my truck--totaled it-- and i am being sued!!!can you beat that? insurance co. went after semi that caused wreck (company driver) and received their $$$ back. but i am sool all the way around.
  #5  
Old 12-28-2004, 08:19 PM
springl200150
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Default occ/acc versus workman comp

mike, if person keeps filing workman comp, this is a pattern. but, some companies when you fill out applications, will ask you if you have ever filed work comp. if you have, they won't hire you. liability is too great for the company. so, how does this driver keep driving a big rig and pass dot physicals after ahving so many physical claims? i carry the required insurance that the government and dot requires. i am so angry at this claim from someone who neede a job, i gave them a job after the lease company checked out the application and now i am being stabbed in the back. i have grown quite cold to people now. i do not trust anyone. sad isn't it. i am getting rid of trucks 2005 and getting out because i cannot handle this sstress any longer. i do not trust the drivers i have right now, because they can sue you for anything and that is the law!!!i do love the big rigs and the industry, but people have become too money hungry. i am a very cautious person in everything i do, but some things you cannot see coming. but, this driver has already filed 3 other claims against other trcuk companies and driver got $$$$. all claims were basically on same "injuries". this is why i think it is fraud. thanx for caring , spring200150




  #6  
Old 12-29-2004, 08:24 AM
icantinaturner
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Default And another opinion

There is nothing I can say here that can help you and you are indeed in an unfortunate position. You have helped me by reminding me never to put a stranger in a truck and plan on making money over the long haul by doing so – no pub intended. There are just too many scumbags passing themselves off as truckers.

Your attorney knows the laws for your state, with regard to OCC and workman’s comp, but I’m surprised you got away with hiring a driver and calling him “contract labor.” I know there are all kinds of things that determine whether a person is an employee or actually “contract labor,” but in trucking I don’t know how you could make it work by calling him that.

For instance, could he refuse any load or did he have to show up at a specific place and time and haul the loads he was told too? If he did the latter he was an employee, no? It might have been cheaper to just to pay him as an employee, pay your portion of the payroll tax, and pay his workman’s comp too. Then you wouldn’t have this problem.

I don’t mean that as a putdown and I know hindsight is 20/20, I’m just puzzled why the company you’re leased to tolerated you putting a “contract labor” driver in the truck… I suspect the company declared the driver “contract labor” to shift the tax and payroll hassle to him and save a few pennies.

It does sound like the driver is scamming with his “injuries,” but your lawyer should know how to get a DA involved if the driver is engaged in fraud. I’m sure the attorney has also advised you on the idea of having the driver “watched” and I hope the person you are using knows what they are doing. There are all kinds of things involved in surveillance and court testimony that the average person will not know. An opposing attorney will tear up a dummy.

Wish I could tell you something useful, but I can’t. Again, you did give me some food for thought because I was considering the purchase of another truck and putting someone on it. I thank you and wish you luck.
 

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