How BWH Protected a Truck Driver’s Dependents and His Dignity
A truck driver lost his life when he was struck by a moving vehicle on a Georgia highway. When the insurance company denied dependency benefits for his family, Steve Welsh of Buzzell, Welsh & Hill stepped in to get them the compensation they deserved.
Tragedy Struck in South Bibb County
While en route on a highway in South Bibb County, a truck driver lost control of his vehicle, veered to the left, and turned over on the side of the road. Thankfully, he was able to work his way out of his truck. However, upon exiting, he wound up on the roadway where he was fatally hit by another vehicle.
His family filed a workers’ compensation claim, as the driver had lost his life while on the job for his trucking company. Unfortunately, the insurance company denied the claim, stating that the incident was not an accident; it argued that he must have committed suicide.
The company’s stance was based on an entry in a personal notebook found in the truck’s cab, stating that the driver’s worldly possessions should go to his girlfriend if anything ever happened to him. The entry also included a line about how the man is now at peace with God. The company believed it to be a suicide note, making the incident intentional and clearing the company from having to pay the family any compensation.
Steve Took the Case All the Way to Court
Steve and his team at BWH knew that the insurance company’s claim of suicide was not valid. To him, the entry was a simple will, something truck drivers would need should a disaster occur on the road.
At the workers’ compensation hearing, Steve called friends and family to the witness stand to talk about the mental state of the driver. Everyone who spoke denied that he was a depressed man at risk of taking his own life.
Plus, he showed that the driver had scheduled days off in the near future to visit his son, who lived out of state.
What’s more, the driver was a man of faith, and in his religion, it’s considered a sin against God to commit suicide. Friends and relatives agreed that, even from a religious standpoint, he would not have done what the insurance company claimed.
Behavioral experts also took the stand to confirm that his actions, behavior, and demeanor were not consistent with someone who was thinking about or preparing to end things.
The Ruling
Following closing arguments, the court analyzed all the evidence presented and ultimately ruled in favor of the victim’s family. The insurance company had the burden of proving its defense, and the court found that it failed to meet that burden.
It was a hard-fought battle, but the family finally received the dependency benefits they deserved, and the victim could rest with his dignity intact.
Workers’ Compensation Can Be a Hard Battle, But It’s One BWH Is Willing to Fight
It’s not easy fighting on behalf of a deceased victim and their family members. But it’s essential to protect those who must now face life without their loved ones by their side. Steve and all the workers’ compensation attorneys at Buzzell, Welsh & Hill proudly advocate for victims and their families, working diligently to get them both justice and peace.
Additional Success Stories
- Negligence at the Hair Salon Led to a Fight for Justice
- BWH’s Fight for Justice After a Child’s Catastrophic Injury
- BWH Got a Nurse the Workers’ Comp Benefits She Deserved
- How BWH Fought on Behalf of a Teen in a Work-Related Accident
