State: PA.
Backround:
I'm a Truck driver. Used to drive over the road 48 states.
Went local with new company about 1.5 months ago.
This company brings trailers in on a train, then the local drivers deliever them within about 150miles.
Accident day: 11-23-04
Went to work and picked up a trailer and delived it about 10 miles away. Bobtailed(without trailer) back to yard.
Hooked up to 2nd trailer and while i was heading back upto gate house to get the paperwork for it. I got hit by a train.
Hit the trailer about 15 feet behind truck and then as it pushed truck about 70 feet up the tracks it slide up the trailer and into the passenger side of the truck. (Fully loaded truck..about 78,000-79,000lbs)
Scene:
RR crossing has no lights/other warning devises.
Time was 915pm so it was dark.
Only light near the RR crossing is about 40-50 feet away and is not working.
Heard no warning bells or train whistle.
Another driver was right behind me and stated he didn't even see the train till it hit me.
Other drivers have stated they were expecting something like this to happen.
and some drivers have been to other yards for the company and stated that they have warning devises at those yards.
All other times i have seen the train crossing the road there was a guy in a van there directing traffic.
he wasn't there this time.
Injury: went next day to doctor.
He poked my back a few times and stated i had lumbar spine strain/sprain.
(i'm still in alot of pain 2 weeks later..not sure hes right)
Wrote out prescription that still waiting to be filled. WC say doctor won't release records to them. (I faxed what the doctor gave to me to my work)
Started theripy today 12-6-04.
Also found out i have been fired from work.
Questions:
Workers comp wants me to make a recorded statement to them on the phone.. is this normal and smart thing to do?
Train and yards isn't owned by the company (I believe) i think they rent it from them?
And train that hit me was one that brought trailers into another company there.
Do i have the right to sue them? (not my company)
Tried contacting an attorny, hasn't got back to me yet, they just say i was assigned one...going to look for another soon.
Anything else i should be doing?
Also i was driving a truck owned by another employee of this company.. They pay for what the truck does, and then he pays me.
He has held my paycheck for 2 going on 3 weeks now (I was paid 2 weeks behind) Is that legal?? I need the money bad to pay my rent.
Backround:
I'm a Truck driver. Used to drive over the road 48 states.
Went local with new company about 1.5 months ago.
This company brings trailers in on a train, then the local drivers deliever them within about 150miles.
Accident day: 11-23-04
Went to work and picked up a trailer and delived it about 10 miles away. Bobtailed(without trailer) back to yard.
Hooked up to 2nd trailer and while i was heading back upto gate house to get the paperwork for it. I got hit by a train.
Hit the trailer about 15 feet behind truck and then as it pushed truck about 70 feet up the tracks it slide up the trailer and into the passenger side of the truck. (Fully loaded truck..about 78,000-79,000lbs)
Scene:
RR crossing has no lights/other warning devises.
Time was 915pm so it was dark.
Only light near the RR crossing is about 40-50 feet away and is not working.
Heard no warning bells or train whistle.
Another driver was right behind me and stated he didn't even see the train till it hit me.
Other drivers have stated they were expecting something like this to happen.
and some drivers have been to other yards for the company and stated that they have warning devises at those yards.
All other times i have seen the train crossing the road there was a guy in a van there directing traffic.
he wasn't there this time.
Injury: went next day to doctor.
He poked my back a few times and stated i had lumbar spine strain/sprain.
(i'm still in alot of pain 2 weeks later..not sure hes right)
Wrote out prescription that still waiting to be filled. WC say doctor won't release records to them. (I faxed what the doctor gave to me to my work)
Started theripy today 12-6-04.
Also found out i have been fired from work.
Questions:
Workers comp wants me to make a recorded statement to them on the phone.. is this normal and smart thing to do?
Train and yards isn't owned by the company (I believe) i think they rent it from them?
And train that hit me was one that brought trailers into another company there.
Do i have the right to sue them? (not my company)
Tried contacting an attorny, hasn't got back to me yet, they just say i was assigned one...going to look for another soon.
Anything else i should be doing?
Also i was driving a truck owned by another employee of this company.. They pay for what the truck does, and then he pays me.
He has held my paycheck for 2 going on 3 weeks now (I was paid 2 weeks behind) Is that legal?? I need the money bad to pay my rent.