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        Employer Penalized for Cutting Off Benefits by Claiming Truck Driver Violated Safety Rules

        Maximum Benefits, Medical, Lost Wages and Penalties Permitted Under Workers' Compensation

        An arbitrator awarded that the benefits, back wages, and medical bills requested by workers’ compensation attorney and Partner at Horwitz, Horwitz & Associates, Mark Weissburg, be awarded. Further, the court awarded penalties against the employer for defending the case in bad faith.

        • The Case

          A truck driver’s foot was run over by the trailer of a truck while he was helping with the fifth wheel. As a result, he suffered a tendon injury. However, the employer, G&D Integrated, through its insurance carrier, cut off his wage and medical payments because they claimed the truck driver was violating safety regulations when the incident occured.

        • In Depth Look

          A workers compensation claim was filed and Mark Weissberg filed a emergency petition under 19(b) to force the employer to pay benefits and not starve out the truck driver. Weissburg convinced the court that there was no violation of a safety rule and that even if there was such a violation, it was irrelevant because the employee was acting within the scope of his duties and was acting in a manner to benefit employer’s business. Weissburg also asked that the court penalize the employer for cutting off crucial benefits in bad faith.

          As a result, the arbitrator awarded that the benefits requested by Weissburg and back wages and medical bills. Further, the court awarded penalties against the employer for defending the case in bad faith.

        • Contact Us Today

          Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat, located in the lower right corner of the screen. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800)-985-1819.

        Details

        Employer Penalized for Cutting Off Benefits by Claiming Truck Driver Violated Safety Rules

        • Workers Compensation