Category Archives: Working from Car

Feds To Ban Truckers From Using (Hand-Held) Cell Phones

Federal Motor Carrier Safety Administration

Today’s post comes from guest author from Jon Gelman, LLC – Attorney at Law.

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:<!–more–> “FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.”

You can read the full text of the proposed rule here: http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.pdf.

For over 3 decades the Law Offices of Jon L. Gelman in New Jersey have been representing injured workers and their families who have suffered occupational accidents and illnesses. Jon is a prolific author, public speaker and educator on the topic of workers’ compensation law.

Employee Penalized For Not Following Safety Rules

In this guest post our colleague Jon L. Gelman of New Jersey highlights a worrisome recent ruling. In the state of Missouri, if an employee does not follow their employers’ safety rules and is injured, their award may be significantly reduced. He points out that this logic works in opposition of what the workers’ compensation act was originally supposed to do, which is to protect workers. With that as its goal, “It would be far more logical to… prevent the unsafe work in the first place.”

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules.

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules. A Missouri Court ruled that reducing an injured employee’s award by 25% to 50% for failing to follow an employer’s safety rules was not unconstitutional. Continue reading

Workers’ Comp Benefits Off the Work Site: Work At Home, Travel

This post is the first of (hopefully) many you’ll be seeing on our blog by guest writer Tom Domer of Wisconsin. In this post, Tom notes that over 18-million people work from home today. He smartly questions the traditional criteria for whether work done from home can be applied to a workers’ compensation claim. 

We are living in a digital age.

After all, we’re living in a digital age. Increased use of things like cell phones and laptops challenges standard ideas of what a work-related injury is. 

A whole host of “Course of Employment” issues accompanies the increased prevalence of work done at home, enhanced significantly by computer technology. Many employees contract with their employers to work frequently or exclusively from their homes. Does an accident in the employee’s kitchen Continue reading