Protective

[Code 82 Approved]

If you are no longer a driver, you can sue fedex. A judge recently ruled that McDonalds corporation was liable for a franchisee's employees. In essence, your contractor was the franchisee for fedex. I bet you could get an attorney to take this with no problem. Just research class action case by drivers against fedex. I suggest contacting the original lead attorney in the fedex- Shannon Liss Riordan. The spelling is probably wrong but close enough for google. Try this- [email protected] .You may even b able to get the Teamsters involved. This would be a great opportunity for them to settle whether fedex falls under the same McDonalds ruling. If in the meantime you suffer financially, you will have a lot of damages to sue for. You could help a lot of people by pursuing this a a class action.

There was just a discussion about this in a "hypothetical" situation that some contractors said wasn't realistic.

Sounds like maybe the contractor was no longer responsible for paying coverage, and all your bills from after that point weren't covered. At the very least, since your injury occurred while the contractor was still covered, the insurer would still be liable. But maybe since his account was cancelled, you got lost in the paperwok shuffle.

I like your thinking
But I am not in it for some free ride.
However, I think I may have precedent

 

[MAKAVELI]

No, actually the only hint I had of this entire issue was my sis calling me telling me my niece's ex bf was contacted, and it baffled me for a few days. WTF , I broke my leg...

If I were you, I'd definitely contact a wc attorney. It really sounds like the insurance company is trying to deny your claim.

 

[Code 82 Approved]

Why, that's what baffles me.. my agony dealing with everything and healing enough to come back early.
I'm totally pissed. I don't vocalize much, I WILL NOT LET THIS ONE GO.

 

[MAKAVELI]

Why, that's what baffles me.. my agony dealing with everything and healing enough to come back early.
I'm totally . I don't vocalize much, I WILL NOT LET THIS ONE GO.

Who knows? It could have been something your contractor did or didn't do. You mentioned, that he got crushed under a vehicle. Is he ok?

 

[dmac1]

I like your thinking
But I am not in it for some free ride.
However, I think I may have precedent

If you get your damages paid, it wouldn't be a free ride. But filing a class action could save others from this happening to them. Fedex needs to stop passing the buck. They created the 'contractor' model only to save money, damn the individuals they hurt. Someone, someday, needs to make them responsible for the drivers who risk their lives every time they get in the drivers seat to make fedex money.

 

[bbsam]

Why, that's what baffles me.. my agony dealing with everything and healing enough to come back early.
I'm totally . I don't vocalize much, I WILL NOT LET THIS ONE GO.

Why? Because that's what insurance companies do.

 

[bbsam]

If you get your damages paid, it wouldn't be a free ride. But filing a class action could save others from this happening to them. Fedex needs to stop passing the buck. They created the 'contractor' model only to save money, damn the individuals they hurt. Someone, someday, needs to make them responsible for the drivers who risk their lives every time they get in the drivers seat to make fedex money.

Class action might take a lot longer.

 

[dmac1]

Class action might take a lot longer.

It WILL take longer, but help more people.Teamsters could offer him a job in the meantime.

 

[Code 82 Approved]

If you get your damages paid, it wouldn't be a free ride. But filing a class action could save others from this happening to them. Fedex needs to stop passing the buck. They created the 'contractor' model only to save money, damn the individuals they hurt. Someone, someday, needs to make them responsible for the drivers who risk their lives every time they get in the drivers seat to make fedex money.

At my twilight, I think I will go forward.

 

[59 Dano]

I got a bill in the mail over the weekend from a collection attorney representing Protective Ins. who paid my claim when I broke my leg on the job at Ground 22 months ago.

Should I be freaked over the 6 figure amount?
My contractor is no longer involved with FedEx.

Have you contacted the insurance company and asked them why they think you owe them that money? If not, that should be your first move. You can hold off on following the absolutely brilliant legal advice that's been offered here until you find out what's going on. You're probably not the only person who has gotten a collection letter from them.

 

[dmac1]

Have you contacted the insurance company and asked them why they think you owe them that money? If not, that should be your first move. You can hold off on following the absolutely brilliant legal advice that's been offered here until you find out what's going on. You're probably not the only person who has gotten a collection letter from them.

He shouldn't be in the position. Let an attorney deal with it. If fedex, Progressive, and the collection agency don't want to make sure they get things right, he shouldn't have to do their job. The driver is under no obligation to correct their mistakes. If it was me, I would let the colection agancy go as far as they want to take it. Someone tells me that I owe them money, and I know they are wrong, I have the right to ignore it. If he owed money, then he would be under obligation by law to respond of face the consequences.

 

[59 Dano]

He shouldn't be in the position. Let an attorney deal with it.

And spend money long before there would ever be any reason to do so? That's a few hours (at a couple hundred dollars per) to make phone calls and wait on hold.

Someone tells me that I owe them money, and I know they are wrong, I have the right to ignore it.

Like I said, the BRILLIANT legal advice here...

 

[bacha29]

Could it be that the contractor never bothered to call Protective and set a WC policy believing instead that his work accident would cover it. If that is the case god help the guy because he my end up getting getting prosecuted. In the state I live failure to provide can mean a $250,000 fine plus up to 3years in jail along with paying the claim.

 

[bbsam]

Could it be that the contractor never bothered to call Protective and set a WC policy believing instead that his work accident would cover it. If that is the case god help the guy because he my end up getting getting prosecuted. In the state I live failure to provide can mean a $250,000 fine plus up to 3years in jail along with paying the claim.

No. That oversight ended long, long ago.

 

[bacha29]

bbsam: you may be right but remember it was the ic's responsibility to obtain this coverage not X's. If claim was denied it had to be for reasons the insurer or the health care provider deemed lawful. Moreover if the contractor did infact quit and his S or C Corp disolved , the driver could as the other's have mentioned file another of what by now are hundreds of C-action lawsuits that likely will take years to settle as being his only remaining recourse. So, what do you think happened to the guy.? About the only other thing I can think that might have happened is that he didn't file a claim on time or the employer claims that it happened off duty.

 

[It will be fine]

bbsam: you may be right but remember it was the ic's responsibility to obtain this coverage not X's. If claim was denied it had to be for reasons the insurer or the health care provider deemed lawful. Moreover if the contractor did infact quit and his S or C Corp disolved , the driver could as the other's have mentioned file another of what by now are hundreds of C-action lawsuits that likely will take years to settle as being his only remaining recourse. So, what do you think happened to the guy.? About the only other thing I can think that might have happened is that he didn't file a claim on time or the employer claims that it happened off duty.

My latest guess. Contractor under estimated his payroll, never paid the balance at audit, declared bankruptcy. This would cancel his policy, perhaps retroactively. Now a collections agency is going after anyone they think might pay. Code 82 should not acknowledge he has any responsibility for the debt.

 

[59 Dano]

Code 82 should not acknowledge he has any responsibility for the debt.

Exactly. The issue is likely with the insurance company and the contractor. The collection agency bought the debt for pennies on the dollar and they are looking to hit gravy.

 

[MrFedEx]

And spend money long before there would ever be any reason to do so? That's a few hours (at a couple hundred dollars per) to make phone calls and wait on hold.



Like I said, the BRILLIANT legal advice here...

Dano advises against any legal action(s) against FedEx. Gee, wonder why.

 

[bbsam]

bbsam: you may be right but remember it was the ic's responsibility to obtain this coverage not X's. If claim was denied it had to be for reasons the insurer or the health care provider deemed lawful. Moreover if the contractor did infact quit and his S or C Corp disolved , the driver could as the other's have mentioned file another of what by now are hundreds of C-action lawsuits that likely will take years to settle as being his only remaining recourse. So, what do you think happened to the guy.? About the only other thing I can think that might have happened is that he didn't file a claim on time or the employer claims that it happened off duty.

What I think happened is that insurance companies are shady necessities that will do whatever they can to deny claims.

But I remember when Code 82 was injured and if I recall correctly his employer was in the process of getting out of X. X will not allow a vehicle to be dispatched without confirmation from Marsh/Protective that the required coverage is in effect. Evendors in the case of non-payment of premium X is notified at least a week ahead of time before coverage lapses.

The one thing I am certain of is that Code 82 is not responsible for this debt. I would contact a lawyer not to go after X but to halt the harassment rhat is sure to continue.

 

[bacha29]

Another example of what gives the IC model the bad reputation it has. More fuel on the fire as well as a complete and unmanageable mess in the end. In the meantime let's look for ideas that might help him.