I Was Sent Home While Sick. Is This Fair Or Legal?

Topic 32942 | Page 1

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Tia S.'s Comment
member avatar

So I got sick on the road with vertigo I was told I could not drive a cmv for two months. Yet My company got me a rental car told me to clean out my truck all while I’m still dizzy and 14 hours away from home… the drive was crucial especially with the fact I wasn’t offered accommodations like someone else to get me home or a room… I had extreme light sensitivity as well… later that week I found out not only was I not told I would be charged for the rental but that I shouldn’t have been driving at all! Could my company be liable for negligence pain and suffering for making me drive home while medically impaired? Then charging me the bill and not telling me?! Was this illegal on there part? me

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
RealDiehl's Comment
member avatar

Im sorry, I dont know the answers to your questions. Someone here might. It might be easier for them to give you a better answer if you could tell us the name of your company, where you were, and whether you have a history of experiencing vertigo.

Zen Joker 's Comment
member avatar

Hello Tia, first and foremost I hope your condition is NOT serious and your life gets back on track soon!

While I am new to trucking, your question is more liability based than anything, and with over 20 years in the financial sector I have seen customers and employers sue and get sued (most of the time unsuccessfully) so please take my advice and anyone else's in here with a grain of salt as nobody is a lawyer.

First off, I think amidst all the stress, you understand their "business decision" to pull you from the road and operating a CMV based on your current medical status. As far as "making you drive home", that is on you. They may have arranged (at your expense, which is a bit weird) for a rental car, but nobody forced you to drive home. Now as far as charging you for the rental, the fact you did use the rental and drove home (by your own choice) it kind of takes the teeth out of your argument to get your money back. If you had refused the rental and had a friend or relative come get you, then you may have had a better case to dispute the car rental fee. Sucking as it does, is it worth it to pay a lawyer 5 to 15 times the amount of the rental fee you incurred to vindicate yourself?

Pain and suffering for making you drive you drive home while impaired? Again, that was a choice to drive home. Not trying to be insensitive to your situation, not one bit, this SUCKS! However knowing how the legal system works, it is unlikely it would go anywhere, but there is a lawyer who will gladly "take up your fight" for $1500-$2000 knowing darn well it's unlikely success regardless, just my 2 cents.

Again, hope you are feeling well soon. Take care of yourself.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

OWI:

Operating While Intoxicated

Banks's Comment
member avatar

It was not illegal for them to put you in a car and send you home. They did not force you to drive home and they're not medical professionals so they can't tell you that you're not medically fit to drive a personal vehicle. I'd argue that if you know you're too sick to drive, you should've taken a bus.

If you would've gotten into an accident, then maybe they could be held liable but if you made it home ok, no harm no foul.

It's also not illegal for them to charge you for the car. The only way they would be responsible for it is if there's a contract saying they'll cover accommodations to get you home at the end of employment.

Ryan B.'s Comment
member avatar

Did you communicate with them to tell them that you are too sick to drive a personal vehicle? Did you ask about being set up with a room? Was the 2 months off a termination of employment and then return to work with a new hire date, a furlough, or something else?

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