• Report: #252216

Complaint Review: Werner Enterprises

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  • Submitted: Mon, June 04, 2007
  • Updated: Wed, May 21, 2008

  • Reported By:Summit New York
Werner Enterprises
P.O. Box 45308, NE 68145 Omaha,, Nebraska, Nationwide U.S.A.

Werner Enterprises I got injured, then I got the run around, and now the Worker's Compensation (a division of Werner) is denying me benefits - so; no job, no compensation, and no ability to work Omaha Nebraska

*UPDATE Employee: You didn't follow proceedure

*UPDATE EX-employee responds: Get An Attorney Immediately

*Consumer Suggestion: Herniated discs dont make legs longer

*UPDATE EX-employee responds: I'm not sure I understand...

*Author of original report: NEVER MIND - IT WAS SOMEONE ELSE'S FAULT

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I went out with my trainer, and asked him what the switch on the side of my seat was for: in one position the seat stayed locked to the frame, in the other position it would freely slide forwards and backwards. My trainer did not know why such a switch would exist.

Then, after the training period, I went out on my own. Because the truck I drove was a manual transmission, and I didn't want it to lurch, I chose the position for the switch which locked the seat in place, (see above paragraph).

After a few months I began to develop this pain in my back that began to get steadily worse. I eventually had to go to a terminal for something like my 6th repair in two months, and I could barely walk. I whinced when I sat down and rose, and I needed a doctor.

My dispatcher told me to make sure I called him ON THE PHONE (and not on the Qualcomm - which is satellite e-mail) to keep him aprised. This was unusual as he said it was best to exchange information over the Qualcomm, but I trusted him.

I received two chiropractic adjustments while I was at the terminal, the doctor took X-rays and informed me that I was so far out of adjustment that I was standing in a way that there was a lot more weight on one leg than the other. Then I went on my way for a week or so.

I soon learned that the switch on the seat was so that drivers would not get back problems when 80,000 lbs. of truck and cargo went slamming around over pot-holes. The seat had some give to it so that it was the seat and not your spine that would absorb the shocks.

Then one night, while I was lost yet again because I received bad directions yet again, my back suddenly became worse. I informed Wener Enterprises that night, tried to sleep and mostly couldn't, and then informed them again as the varying shifts don't seem to talk to each other.

After I pestered them seveal times, my loads were cleared and I brought the truck back to the nearest terminal. A female friend of mine drove six hours to get to me, then she unloaded all the heavy things from my truck in the slush and snow because I couldn't lift a thing. And then she drove me back home where I went straight to my local chiropractor.

I could barely walk, and one leg is longer than the other because I have a herniated disc between L4 & L5 - something which still persists months later. Whenever the pain subsides, which is very rare, I can still feel tingling, or stretching, or other strange sensations that indicate something is just not right.

Finally - Werner Enterprises, after leaving message after message because I could not get my Worker's Compensation adjuster on the phone, denied my claim.

They said they did not believe that it was a real "accident". Let's see - I did nothing but drive a truck, had no injury before that, became injured, then stopped driving - so where did the injury come from?

My adjuster also told me there was no record on the computer (Qualcomm) that I was ever injured - so THAT'S why the dispatcher wanted me to talk to him on the phone - he NEVER wants to talk on the phone, only on the computer. But I do have phone records.

So, after I was given a truck that I had to have repaired for three days before it was driveable and since repaired about six times, after I was given bad directions to locations as a matter of routine, after I specifically asked what that switch was for and received no answer I am left with this: No job, medical insurance that I have to pay for - but I have no money, I do not have the ability to work, and no compensation.

All I can wonder is: How will I survive now?
Although I rarely get the chance, my reason for living is to go kayaking, bicycling, camping, hiking, and twice I even went skydiving and hang-gliding, I don't think I will ever get to do those things again.

But I thought, "At least Werner will compensate me for my loss," but they won't even do that much.

I gave up my apartment, I gave up my friends, I gave up seeing my girlfriend, I gave up EVERYTHING to drive for Werner - and now I've moved back into my parent's house because I have nowhere else to go.

I am going to ask Werner Enterprises what the appeals process might be, contact the Nebraska Workers' Compensation Court, and see if I can get this corrected.

David
Summit, New York
U.S.A.

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This report was posted on Ripoff Report on 06/04/2007 02:24 PM and is a permanent record located here: http://www.ripoffreport.com/r/Werner-Enterprises/Omaha-Nebraska-Nationwide/Werner-Enterprises-I-got-injured-then-I-got-the-run-around-and-now-the-Workers-Compensa-252216. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

You didn't follow proceedure

AUTHOR: Kenneth - (U.S.A.)

I also have a back injury, but not from the seat. If you had followed the company guidlines, like I did, you would have been taken care of.

1. Always put the information on the qualcomm, even if you have just talked to your dispatcher.
2. Company handbook instructs you to call safety and make a report. Your dispatcher isn't responsible for this.
3. Make sure you contact follow up on your injury, there are 8000 plus drivers, and YOU or ME are not #1 priority.

By following the guidelines, that are in the handbook, and stressed in orientation
(I have sat through plenty of them, now that I am temporarily working in the office)
you would have been sent to a physician, put in a motel and offered transitional
duties while you recieved treatments from a Werner paid medical staff. They have more than taken care of me and we have two others here in Henderson recieving the same great care. I have no complaints whatsoever. I hope that you find another job but this time use your head, and if your trainer doesn't know the answer, call safety. Good Luck!
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#2 UPDATE EX-employee responds

Get An Attorney Immediately

AUTHOR: M - (U.S.A.)

I worked in management at Werner. They not only have a fleet of trucks, they have a fleet of attorneys. I can assure you that they will fight you all the way on this. You must have an attorney who cares about your well-being and will fight for you.
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#3 Consumer Suggestion

Herniated discs dont make legs longer

AUTHOR: Steven - (U.S.A.)

I have the same problem. This doesn't make one leg longer than the other. You probably have a pinched sciatic nerve aka sciatia and or sacrolitis. I don't know what kind of insurance you have you may want to get together with a neurologist for spine, pain management, and physical therapist. They can help with treatments so that you can have some of your activities. I don't know what kind of impact it will have with your driving. You may have to take oxycodone or hydrocodone pills for the pain. I read on some other sites that you cannot drive for 24 hours after taking these pills.

Not sure if that help you with any claim info or not. If you can prove you got the injury while heavy lifting should be able to get workmans comp. Read up on causes of sacrolitis as well. But Werner may say you caused this yourself but not putting the drivers seat in the correct position.
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#4 UPDATE EX-employee responds

I'm not sure I understand...

AUTHOR: Deborah - (U.S.A.)

I worked for Werner for 3.5 years, drove for 12 plus years now, and have been through the WC wringer (not with Werner).

I'm going to start with your original post, and then I have a question about your update:

First, and I cannot stress this enough, do all but the most complex of communications between you and your fleet manager (aka dispatcher, supervisor, etc.) by Qualcomm or other such device if available, especially if instructed to do otherwise regarding accidents, injuries, safety issues, and hours of service issues.

Second, if the injury is job related, you need to hire an attorney that specializes in Workman's Compensation cases, one with no ties to Werner, the truck manufacturer, or anyone else that might be party to the nature of the injury. I know it seems ridiculous, but a lawyer must get involved. Your time is limited to deal with this, so get the lawyer as soon as you read this.

On the "update," I'm not sure what you mean by it. Are you saying you told the company doctor that you were moving furniture before the pain began, or are you saying the doctor falsified records? If the former, yeah, it's not work related because it happened off the job (unless the furniture move was part of an assigned load or other employer ordered assignment). You might have a case if work aggravated the injury to the point of disability, but I wouldn't hold my breath on that one.

If the latter, file a complaint after you obtain an attorney on the WC issue with the state's (where the doctor examined you) medical board and Attorney General.

On the phone records, it won't matter much unless you have Qualcomm records at about the same time as the call to back up what the call was about.
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#5 Author of original report

NEVER MIND - IT WAS SOMEONE ELSE'S FAULT

AUTHOR: David - (U.S.A.)

It wasn't Werner - although they did take their sweet time, it was a doctor who wrote into the record that I was "moving furniture" instead of driving a truck. For that reason Worker's Compensation was denied.
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