Category Archives: Trucking

Truckers Call Baloney On Bloomberg View

Posted on February 22, 2018 by Jon Rehm

Truckers were quick to criticize a Bloomberg View piece about the effect of shortage of truck drivers on the economy that our firm posted on our Facebook page.

Hedge fund manager Conor Sen made a valid point that the lack of truck drivers could drive up the cost of goods and slow down the economy. Sen went on to argue that this shortage will be exacerbated by the imminent automation of trucking. Why train for a job that will soon be eliminated?

There are two problems with his article.

Truckers pointed out that the shortage of drivers could be attributed to bad working conditions within a trucking. Sen didn’t address this in his article where he portrayed the driver shortage as something that just happened.

Poor working conditions for truckers are somewhat of a function of employment laws. For example, truck drivers are largely exempt from the Fair Labor Standards Act. While better laws for truckers would probably help attract more drivers, the trucking industry is fighting state law efforts to improve trucker wages. The wages of professional drivers are being further eroded by the use of contract drivers who are wrongfully classified as contractors rather than employers.

Secondly trucking industry observers believe automation is far from imminent. Professional drivers do a lot more than just drive. Even some tech industry boosters in the business press admit that automation may not be imminent. Increasing automation in truck driving could benefit drivers by making driving safer. Most airplanes fly by autopilot, but planes still have pilots.

In short, the trucker shortage isn’t just something that happened. It is driven by poor working conditions for truckers. Those poor working conditions are caused in part by bad laws which seem to be getting worse. It’s also not fair or reasonable to argue the supposed imminent arrival of automation to truck driving is causing a truck driver shortage. Automation of trucking is far from imminent, but increased automation may make trucking safer which would make it a more attractive job, which in turn would increase the supply of drivers.

Truck Parking: A Forgotten Piece of Infrastructure

Posted on February 6, 2017 by Jon Rehm

While bridge collapses make for dramatic footage and almost everybody encounters the more mundane danger of potholes, truck parking is not an infrastructure issue that most people think about, but it is a very important issue for over-the-road truckers.

Lack of truck parking is a safety issue for many reasons. Lack of parking for truckers makes it harder for them to find a place to sleep, which leads to more accidents. Additionally, drivers are forced to park in unsafe locations, like the shoulders of roads, which can lead to even more safety hazards.

I travel quite often on I-80 (which generally follows The Oregon Trail) when I travel between Lincoln and central Nebraska to meet with and represent my clients in places like Grand Island, Hastings, Kearney, Lexington and North Platte. I like the fact that Nebraska has plenty of places to stop for personal comfort, check email or even take a quick nap. But even in a state like Nebraska, where hospitality to overland travelers is an integral part of our state’s history, I still see safety issues with truck parking. The parking lots in many trucks stops are very rough from the weight of the trucks. This can lead to slip and fall injuries. Stops need to be well-maintained so that they remain safe.

Unfortunately, many urban areas are less friendly toward truck parking, which forces rural areas to bear more of the burden of truck parking. President Donald Trump has announced a $1 trillion dollar infrastructure plan. Hopefully, sufficient and safe truck parking will be part of that infrastructure plan.

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

Posted on April 2, 2015 by Rod Rehm

Sleep disorders are a significant health problem for truck drivers. Trucker injuries resulting from falling asleep at the wheel can be compensated by workers’ compensation, as shown in this recent article from the LexisNexis Legal Newsroom.

Former FMSCA administrator Anne Ferro put it this way in remarks she made at the 2010 Sleep Apnea and Trucking Conference in Baltimore.

“I count fatigue among those high risk behaviors and sleep apnea is a condition that contributes to fatigue. This is a highly sensitive subject which is why this meeting is so important. The challenge here is to focus on sleep apnea as a serious medical condition and identify affordable screening and treatments that work in the truck driving environment.

“In many cases, truck drivers experience poor health because of the challenges associated with their job and lifestyle.

“According the Centers for Disease Control and Prevention, the average life expectancy for a driver is less than 61 years – is 16 years younger than the average American. That is simply not acceptable.

“From our own estimates, almost three out of 10 truck drivers currently suffer from mild to severe sleep apnea. And we know from our research that drivers with severe sleep apnea are known to be at a much, much greater risk of being involved in a severe crash.

“Fatigue is estimated to be an associated factor in 13 percent of all truck crashes annually and 28 percent of single vehicle truck crashes, based on the Large Truck Crash Causation Study.”

As has been written on the firm’s blog before, “sleep is essential for health and well-being. And not getting enough sleep is a compensable condition.”

In a guest blog post a few years ago, respected lawyer Jon Gelman of New Jersey shared information from the National Sleep Foundation and CDC. In addition to falling asleep when a person was planning to stay awake, people who don’t sleep enough are at “increased risk of motor vehicle accidents; increase in body mass index – a greater likelihood of obesity due to an increased appetite caused by sleep deprivation; increased risk of diabetes and heart problems; increased risk for psychiatric conditions including depression and substance abuse; and decreased ability to pay attention, react to signals or remember new information.”

Please contact an experienced workers’ compensation lawyer with questions about specifics in yours or a loved one’s case. In addition, please work to get both the quantity and quality of sleep that is needed to be safe and healthy.

Thursday’s ‘Truth About Trucking ‘Live’ on Blog Talk Radio’ to Feature Rod Rehm

Posted on November 3, 2014 by Emily Wray Stander

Allen and Donna Smith serve truck drivers as advocates and also as the hosts of the “Truth About Trucking ‘Live’ on Blog Talk Radio” show. Firm owner Rod Rehm is scheduled to be a featured guest on Thursday night’s show at 5 p.m. Central Time (6 p.m. Eastern Time).

According to their website The Truth About Trucking, “As host of the trucking blog, Ask The Trucker, Allen Smith is known as being the most recognized advocate for assisting students and new drivers, giving thousands of CDL students, as well as new and inexperienced truck drivers, an inside look into the OTR trucking industry.”

One way the Smiths are allied with truckers is by hosting their “Truth About Trucking ‘Live’ on Blog Talk Radio” show, “which continues to break new grounds by innovative methods to assure that the voice of the professional trucker is heard.” The Smiths also work tirelessly year-round to advocate for drivers through social media and technology.

Rod Rehm is scheduled to be Thursday’s guest at 5 p.m. Central Time because of his work representing truckers for over 30 years, 16 of which have been through the websitewww.truckerlawyers.com.

“Mr. Rehm joins us as our special guest and to take your calls as we discuss this specialized area of law and what you need to know as a professional truck driver,” according to the Smiths. “His law firm also often helps truckers nationwide through referrals to attorneys in their own state due to differences in state laws.”

The Smiths said that there are a number of ways to access and participate in Thursday’s show, both through listening and by asking questions.

From a computer: Go to the show link at http://www.blogtalkradio.com/truthabouttrucking and then clicking on the show’s link, which will be available very soon.

This option “also gives the opportunity to join the chat room and get in the conversation. If they want to be more than an observer in the chat room, they’ll need to have a free BTR account. All you do is create a login and password to do this. You can even sign in with Facebook or Twitter. Note: You don’t need an account to just listen to the show, just to be active in the chat room,” according to Donna Smith.

Folks are also welcome to listen from a computer using the embed code found here:

Listen to internet radio with Aubrey Allen Smith on BlogTalkRadio

To hear the show from a phone or to ask questions: Call 347-826-9170. Then to ask questions, just follow the prompts to “Speak with Host”: press 1.

We invite you to listen in and also call with your questions and thank the Smiths for the opportunity for Mr. Rehm to be Thursday’s featured guest!

The conversation continues on social media via @truckerlawyers on Twitter, on Google+ by searching for Trucker Lawyers, and at www.facebook.com/truckerlawyers on Facebook.

Happy #NTDAW: Thoughts for Truck Drivers, Consumers

Posted on September 18, 2014 by Rod Rehm

According to various industry sources, we’re in the middle of #NTDAW: National Truck Driver Appreciation Week.

A quick search of this hashtag on Twitter nets quite a few random thoughts, including free lunches from various companies for their drivers, a focus on wellness, fun facts about trucking, branded trinket giveaways, and general promotion of the industry.

Through both truckerlawyers.com and the firm, attorneys here do quite a bit of work with truck drivers, mainly workers’ compensation for company drivers. So I find it amusing, if not misguided and problematic, that many of these companies “celebrate” their drivers with one week a year of token gestures like a “free lunch” if you’re close enough to the terminal to take advantage of it. This is at the same time that these companies work hard to delay, deny and sometimes even ignore workers’ compensation claims of their injured drivers.

Every industry has its challenges, and trucking seems to have issues with driver retention, a perceived “shortage” of drivers, and just not paying drivers enough for the conditions that they live in on a daily basis. The way a company treats its employees says a lot, whether those employees are hurt or not. For example, truck drivers are protected under federal laws when they get hurt or become a whistleblower for refusing to drive an unsafe truck, as that decision easily affects others sharing the road. That being said, getting fired for reporting a workers’ compensation claim is obviously disruptive to drivers and their loved ones. In addition, especially since drivers are on the road so much, it is even more hurtful if they cannot take FMLA for a loved one’s medical emergency, even if the driver works for a larger company. Also, just a reminder, if a trucker gets hurt, it’s up to that driver to let the company know so that down the road, a person can get needed workers’ compensation benefits.

Over the years, I’ve found that many injured drivers just want to figure out how they can get well and get back to their lives and work. They are very dedicated and loyal to their profession, so it is important that injured drivers get the care they need in a timely manner without businesses or insurance companies putting up roadblocks to that care.

Finally, I would be remiss if I didn’t actually say thank you to drivers who work very diligently, away from their loved ones, to deliver the goods that folks consume. I also appreciate the majority of drivers who work hard to be safe every day and watch out on the roads for others. It’s my observation that truck driving is more than an industry, it’s a lifestyle. Happy NTDAW, be safe, and take care.

Truckers Fired Over Workers’ Comp Claim: What to Do Next

Posted on July 28, 2014 by Rod Rehm

Truck drivers have a remedy if fired for making a workers’ compensation claim.

A recent award of over $100,000 to a truck driver who was fired for making a workers’ compensation claim illustrated the protection drivers have under the Surface Transportation Assistance Act (STAA). New Prime of Springfield, Mo., had to pay the former employee lost wages, compensatory and punitive damages. “The company must also expunge the complainant’s employment and DAC Report records of any reference to his unlawful termination,” according to the article above.

The Occupational Safety and Health Administration (OSHA), which is often criticized for a variety of reasons, enforced anti-retaliation laws that protect truck drivers who are unfairly punished for taking steps to protect their health and financial welfare. These laws can also be enforced through lawsuits as an alternative to the OSHA administrative process.

Truck drivers need to be aware of this protection. Truck drivers also need to know that OSHA and the Federal Motor Carrier Safety Administration (FMCSA) have just announced an agreement to strengthen protections for transportation workers from coercion and retaliation.

The industry publication FleetOwner gives more details about how OSHA and the FMCSA interact with the STAA in this article.

Here is one helpful quote from the FleetOwner article:

“If OSHA finds that a complaint is valid, it can order the employer to reinstate the worker; pay back pay, interest and compensatory damages; pay punitive damages up to $250,000 where warranted; and/or take other remedial actions.”

In addition, “action by one agency didn’t preclude action by another in the same situation” when it comes to the STAA.

“OSHA’s mandate is protecting workers, while FMCSA’s mandate is safety, (an FMCSA document) said. And FMCSA can take action against a carrier or other entity but, unlike OSHA, it can’t compensate a driver. So a driver filing a complaint with FMCSA about coercion might be able to file a whistleblower protection complaint with OSHA and vice versa, FMCSA said.”

The recent award and very recent press release from OSHA are great news for truckers and their families. The laws that protect you work. There is an apparently serious effort to make them work better. It will now be easier to protect your health and welfare if you are injured on the job.

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

Posted on July 10, 2014 by Todd Bennett

Do you drive a company vehicle as part of your job?

Many find themselves in the situation where they travel regularly, or on a special errand from time to time, as part of their job.

In the unfortunate scheme of things, if you are involved in an accident while driving, whether it is your fault or not, you are covered by and entitled to workers’ compensation benefits just as any other employee who suffers an accident on the premise of an employer.

More importantly, if the cause of the accident was not due to negligence of your own, but that of a third party, you have a right to bring a third-party negligence action against the party responsible for causing the vehicle accident. This right is separate and distinct from the workers’ compensation benefits that you are entitled to. Further, you also potentially have the right to bring an underinsured motorist coverage claim under your employer’s motor vehicle coverage as well as your own underinsured motorist vehicle coverage. These, too, are separate and distinct from the workers’ compensation benefits you are entitled to.

It is important to note that the employer would have a subrogation right to be reimbursed for workers’ compensation benefits paid on your behalf against that of any third-party negligence claim where you obtained a recovery. However, as underinsured motorist coverage is typically viewed as contractual benefits in nature, there is no subrogation right from your employer if underinsured benefits are obtained in Nebraska.

If you or someone you know was injured in a motor vehicle accident that arose out of and in the course of one’s employment, there are significant issues to be aware of in order to obtain a recovery that meets your needs. If you have any questions or uncertainty when dealing with this point of law, please seek the advice of an experienced attorney who can help steer you in the best course of action.

Former President of Chemical Company Sentenced for Federal Crimes Related to Employee Deaths

Posted on November 14, 2013 by Rod Rehm

Today’s post was shared by Gelman on Workplace Injuries and comes from ehstoday.com. Mr. Jon Gelman is a respected colleague who focuses on workers’ compensation in New Jersey.

As the post points out, it is unusual, but not unheard of, for an employer to be charged and sentenced for Occupational Safety and Health Act violations. In fact, in 2012, I wrote about a situation that happened at a Nebraska grain elevator that caused a worker’s death and resulted in a misdemeanor charge, including a $100,000 fine and 2 years of probation for the employer.

The article below is important for a number of reasons. First, two truck drivers, Joey Sutter and Charles Sittig, died as a result of chemical exposure to hydrogen sulfide through their work. Next, the company’s former president, Matthew Lawrence Bowman, was sentenced to serve 12 months in federal prison and also fined $5,000, according to the article. As president of his company, Port Arthur Chemical and Environmental Services LLC (PACES) of Port Arthur, Texas, Bowman even directed some of the violations. And these actions were “criminally negligent,” according to John M. Bales, U.S. attorney for the Eastern District of Texas.

Although no amount of prison time or fines can bring the drivers back to their loved ones, it is good to see someone being held at least a little bit accountable for the dangers of this company’s practices.

Matthew Lawrence Bowman, the former president of Port Arthur Chemical and Environmental Services LLC (PACES) finally had his (sentencing) day in court. Bowman pleaded guilty on May 9 to violating the Occupational Safety and Health Act (OSH Act). It is rare for individuals to be prosecuted and sentenced to violations of the OSH Act.Bowman admitted to not properly protecting PACES employees from exposure to hydrogen sulfide, a poisonous gas resulting in the death of truck driver Joey Sutter on Dec. 18, 2008. In addition, Bowman admitted to directing employees to falsify transportation documents to conceal that the wastewater was coming from PACES after a disposal facility put a moratorium on all wastewater shipments from PACES after received loads containing hydrogen sulfide. He was sentenced to serve 12 months in federal prison on Oct. 28 by U.S. District Judge Marcia Crone. Bowman was also ordered to pay fines in the amount of $5,000.

Acting Assistant Attorney General Robert G. Dreher called the sentence “a just punishment” for Bowman’s actions, which placed workers “at unacceptable risk and had fatal consequences.”

“The Justice Department and the U.S. Attorney’s Offices will continue to work with our law enforcement partners to vigorously investigate and prosecute those who violate the laws enacted to ensure the safety of workers handling hazardous materials and to prevent the kind of tragedies that…

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Workers' Compensation Watch

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Category Archives: Trucking

Truckers Call Baloney On Bloomberg View

Truck Parking: A Forgotten Piece of Infrastructure

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

Thursday’s ‘Truth About Trucking ‘Live’ on Blog Talk Radio’ to Feature Rod Rehm

Happy #NTDAW: Thoughts for Truck Drivers, Consumers

Truckers Fired Over Workers’ Comp Claim: What to Do Next

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

Former President of Chemical Company Sentenced for Federal Crimes Related to Employee Deaths

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