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Thursday, September 4, 2014

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

Today's post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

By Rod Rehm from Rehm, Bennett & Moore
Truck drivers have a remedy if fired for making a workers’ compensation claim.
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.