Today’s post comes to us from our colleague Jon Gelman of New Jersey.
The Federal Motor Carrier Safety Administration (FMCSA) is proposing to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers’ compensation claims by employees as well as liability lawsuits against employers directly. This federal rule would be in addition to the many states which already ban hand-held cell phone use.
The following is a summary of the proposed rule: “FMCSA and PHMSA are amending Continue reading →
Truckers are frequently entitled to benefits from multiple states for an injury.
Each state sets rules for applying its workers’ compensation laws. Virtually all states cover accidents that happen in that state.
Many states allow benefits if the employer has it primary location in that state. Others cover claims if the employer is doing business it the state. There are different rules in each state and you should talk to experience workers compensation lawyer to learn what laws cover your injury. However, you do not have to make a choice.
Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.
The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can Continue reading →