THIS can happen when you falsify your logs | Trucking Answers
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- Опубликовано: 16 мар 2022
- Today I come to you with a story from an astute viewer about log falsification and what the consequences of that can be. Just clicking off duty every time you get out of the truck is not only log falsification but it is also not a good idea. Let's see what happened to this driver when they needed medical care but they had also put themselves off duty. A truck driver has to choose this, you have to select off duty and you are saying that you have no work responsibilities. You can pursue activities of your own choosing now and you are not at work. A clever company has also figured this out. What can be done? By the way, I am not an attorney and this should not be considered legal advice. Seek a licensed attorney for legal advice. Let me know what you think!
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Mark@TruckingAnswersNation.Com
Well the smart guy should've said it happened while he was on duty smh
EXACTLY!
That was my first thought as well.
He should have been on duty. I mean, he was performing a task that qualified as “on duty”
I always go on duty to watch Trucking Answers videos
😂😂😂
LOL!
🤣🤣🤣suck up, jk
Hahahaha
What about watching your videos? Would that be Sleeper Berth?
Be sure to edit ur log before getting in the ambulance 🚑🤣
Always use that edit feature!
If you ever get injured on a job you should speak to a lawyer immediately never speak to the company they try to screw you any chance they get
what if you are in sleeper resetting and fall in shower and. break somthing.. you are still away from home.... wonder. if that would count for workers comp?
Hey bud (Former OSR and driver advisor) The Simple term "Log it as you do it" if you're on a 34 and want a shower, Switch to "Off duty" Only use "Sleeper berth" when you're actually sleeping or resting in it. Location is irrelevant in this case, because you're "Off duty" it would be the same as getting an injury on vacation, Workers comp would be rejected because your not working., The only difference is that your truck is your accomodation while you're away. Hope this helps. Regards Martin
Even off duty he is still responsible for the company equipment.
Under this premise, we're never off duty, so long as we're in the truck.
If you can falsify your logs, falsify the time of injury.
LOL. Clever solution.
I broke my arm a few years ago walking back from shower. Got in truck went on duty for pre trip then called said I was working. Sued the living crap out of the company. 18k plus 3 months of worker's comp
Kinda fraudulent
@@brianfuller9565 so? They don't care about me.
I feel like it is fraud but this is kind of Karma that comes back on a place when they treat employees poorly.
I don't consider it fraud. If it were not for the fact that you were out of town driving, you would have taken a shower at home and less likely to be injured.
As far as I'm concerned, when I'm on the road, the company is responsible for my well being regardless of duty status. I'll do whatever it takes from falsifying logs to getting the best lawyer I can find. One way or the other I am going to be compensated. The "law" or regulations be d*mned!
@@jamesrevell6475 I agree. Really when are we truly "off duty" anyhow? We are always responsible for the vehicle. Even when I am home my conscious will have me check on the truck from time to time. If I get injured at a truck stop, of course the company I work for is responsible.
Here's your loophole. It states "standby" in the discription.
Lol, dont be surprised if they let you go after getting injuried on the clock
You're right Mark. He/she should talk to an attorney. Some states if you are responsible for the equipment, technically you're still working for the company and you are on duty. In some states if you're driving to and from work and you get a car accident you can claim workman's comp.. disclaimer "I am not an attorney."
I absolutely think a call to an attorney is in order here for sure to see where you stand.
Thanks for sharing great info Mark.
That's a real scumbag company.
Funny thing is with employment references when they are checked is all that they can legally say is yes or no you worked there and yes or no that you aren't eligible for rehire nothing about the reason.
I pulled into a weight station and they requested my logs, from my side everything was in order, however when I sent the log information to d.o.t officers computer, they simply vanished. From the officer's side it looked like I was running illegally, however they came to the truck to look at my tablet and were able to confirm I was in compliance.
I keep a work journal now, start and end miles, daily activity starting with on duty pre trip and wrapping up with on duty post trip before going on sleeper status
I never go off duty. I always run proper logs
You said duty
LOL!
Dang! You beat me to it. 😆
Well…. You can be arrested for DUI in your sleeper because the law says you ARE in control. So, off duty or not you are responsible! Never shoulda said he falsified!!!
Just. Wow. I am speechless.
So, dude is losing his job on top of it all.
Maybe. Will have to choose.
These companies don’t play fair with anybody. It’s not joke out here, that’s why I do the bare minimum. Don’t do them any favors.
File it on the shipper or receivers insurance then you don't have to file work in the comp.they are reliable for you,if you r on or off duty.
Exactly most companies see you as just a number ie driver id n truck number nothing more
That is true. You aren't "family" there.
@@TruckingAnswers here at Olive garden trucking you're not family, you're money.😂
But your also allowed to edit your logs then recertify your logs
this is the exact reason i said eff it when i was woken up at 1am from my reefer acting weird. 6am came and there was ALOT of melted ice cream oozing out of my trailer at the ta in san antonia....in july lol
Bottom line shippers and receivers have to keep a schedule and keep trucks moving
Your still in possession of the truck. Contact an attorney. I hope this happened in CA
I was always told that you can only go off duty when you're not under a dispatched load. Any other time you're either in Drive, Sleeper Berth, or on duty if youre refueling ir dealing with the law..
I’m in a motel a lot. That would have to be off duty or it would be a falsification
Yo got a question if a driver has someone fill out ur log books for u iz it legal ??
I just stay on duty if I am with the truck or in the drivers seat. When I was at Amazon they used to tell me to go off duty while waiting to get loaded for your 30 minute break. I told the boss man that is a no go. If I am doing anything work related my clock is running. If I can sit on the passenger side or walk away from the truck then I will take an uninterrupted break.
So what happens if your off duty and your minding your own business and someone hits the truck and they try blaming you for it and then them say you weren’t with the truck?
Yeah just say it happened when on duty. Problem solved.
If I’m at a shipper/receiver, I’m either On Duty or in the Sleeper Berth.
Yes.
How do they no he was off duty
Although, he screwed up saying it happened off duty, it would be a pretty ez choice to take care of the injury and find another job.
What about you're under the company unless you're on home time
What
@@brianfuller9565 home time is your time off from work usually for OTR or regional drivers and not local.
Well this my non-lawyer opinion he didn't report it right when it happened so I think I would rember it happening earlier in the day when I was on duty or driving
He should have a drop & hook annotated in his logs. Who's to say when he was injured? Whatever time it says he did the drop & hook is the time he was injured. I'm not getting the issue.
Besides, nowadays logging on duty isn't such a burden. Your drive time shouldn't be affected.
I can tell you if we stayed on duty at shippers and receivers we would be out of hours by Wednesday or Thursday. And not be able to get home much less getting to a truck stop for a actually rest break
thats not your problem, thats the carriers problem
Once you bump the dock you should be on sleeper while you wait. After 2 hours your 14 is paused and you get the 2 hours back too. I run 4 weeks on recaps with no 34 reset avg 550 miles per day never run out of time. If you are in a day cab, you are out of luck.
He said "Bazinga" huh huh huh. Then he said "duty" heh heh heh heh
If it happened on duty and he drove the trailer to the destination it did happen on duty right? I think a call to the DM or dispatch would have saved some headaches. Because he “thought” he knew what he was doing but….oh no here comes the regulation and policy. You people! Lol
There is something else that this driver didn’t tell you in his story. That is this. He didn’t tell his company immediately what exactly happened at the time of the injury. Oh by the way I have had NO WORKMEN’S COMP claim refused because of what my log book said period.
I'm sure I don't have the whole story I just thought it was interesting and food for thought.
He didn't falsify his logs, he forgot to change his duty status and has the opportunity to correct it.
Also, companies are required to maintain accurate logs. Driver should correct it and force the company to fire him and give him workmans comp and unemployment
True. Not like it's hard for a driver to find a job.
Take workers comp then find a better job. Bam!
Moral of story: don't file for workers comp. Take care of yourself and don't involve the company unless absolutely necessary and it doesn't endanger your job.
If it's work related, absolutely file a claim
Workers Comp is there for you to use if you get hurt at work.
Sounds like a business owner or Russian bot🤔
Thanks for the damn good advice. As usual. Will heed it. My fleet manager tells me to go off duty to save my clock. I say no, it's not legal,I am working.
I'm not going on duty to get paperwork
Jeremy Griggs -- Then suffer the same consequences as this driver has.
Don’t slip and fall on the way to their offices
Those couple of minutes could cost you.
I bet you love not getting paid for all of your time too
You should rethink that.