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We Can’t Walk Away From Medical Debt…So How Come Those Responsible Can?

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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:07 PM
Original message
We Can’t Walk Away From Medical Debt…So How Come Those Responsible Can?
Ever wonder how those flyers end up on your front doorknob? The ones advertising lawn care services or house painters? No, they are not express delivered by fairies or gnomes. Advertising companies hire day laborers---“walkers”---to go door to door. Ten miles of “door to door”, for a daily wage of somewhere between $40 and $50 dollars.

How do the day laborers get to suburban neighborhoods, the ones with no public transportation system? They are brought in by bus. Not big city buses. Little van type buses. That’s what James Saddler, 52 of Fort Worth was riding on March 4. He and other “walkers” were crowded in the back of a cargo van with no seats and no seatbelts, when the vehicle blew a tire, left the road----

I expect Mr. Saddler’s memory of what happened after that is pretty fuzzy. He ended up in a hospital ICU in a coma. Saddler was lucky. Three of the “walkers” died.

Oh well, at least it was an on the job injury that left him disabled. Workers get compensated when stuff like that happens---maybe. In Mr. Saddler’s case, the employer, Paul Reed of Reed Distributing “filed for bankruptcy, claiming all the victims as unsecured creditors” and then re-opened his business.

http://www.star-telegram.com/2011/11/27/3553787/shlachter-co-injured-laborer-finds.html

What’s a mom and pop firm to do? Even if they crack open their piggy banks, they could not come close to burying three dead and paying the medical bills of those injured. Not with the proceeds of a business that brings in a mere $500,000 to $1,000,000 each year---

http://www.manta.com/g/mm58436/paul-reed

But with revenue like that, you would think the company could afford to install backseats and seatbelts in its vans. You would think. But you would be wrong.

Under Texas law, as in most other states, seat belts are not required for adults in a cargo van that has no seats. And while the Econoline owner's manual warns of potential serious injury or death for anyone riding in the cargo area, there's no state or federal prohibition against carrying adults in the back, the Texas Department of Public Safety said. Because there are no seat belts, restrictions on capacity don't apply. And because no one is charged for the transportation, the contract workers who drive the vans are not regulated either.

"Tragedies such as these are a reminder that more needs to be done to protect the rights and safety of workers," said Pablo Alvarado, director of the Los Angeles-based National Day Laborer Organizing Network. "Day laborers, like those who lost their lives, go to great risks to humbly provide for their families. Employers must be responsible for their safety during and en route to work."

Neil Donovan, executive director for the National Coalition for the Homeless, said he has tried to prevent unsafe cargo vans from cruising for day laborers.

"When I operated a shelter in Boston, we would run off vans that came by," Donovan said from Washington. "It's a pervasive problem. I don't think there's a community that doesn't have exploitation. Where there are people who are in need, there are people who take advantage."


http://www.star-telegram.com/2011/03/26/2951098/unsafe-rides-are-just-part-of.html

That last line bears repeating.

”Where there are people who are in need, there are people who take advantage.’

Let’s hope the Reeds sprang for liability insurance on their vans. And that the policy was large enough to cover three deaths and three injuries. If not, Mr. Saddler will probably remain on the federal disability rolls for the rest of his life. He will be held up by right wing pundits as a “parasite” getting rich off the tax dollars of others, with no mention of the company that caused his disability and then tried to shift the burden onto the federal government.

Thanks to the Fort Worth Star Telegram for their excellent reporting.
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The Wielding Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:23 PM
Response to Original message
1. Now that corporations are people they should have liability and
responsibilities. They deserve no more rights than an individual person. If the corporations are run by other countries they are not citizens and do not deserve any rights of a US citizen.
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Alanofsac Donating Member (6 posts) Send PM | Profile | Ignore Mon Nov-28-11 02:50 PM
Response to Reply #1
4. coroporations as people
The day when corporations can be sent to jail ie be forbidden to do business and have all assets frozen including executive bonuses stock options wages etc, or receive the "death penalty" forbidden from doing ANY business in the US EVER that is the day that I will embrace personhood of corporations
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Donnachaidh Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:59 PM
Response to Reply #4
8. welcome to DU! n/t
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The Wielding Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 09:11 PM
Response to Reply #4
11. Person-hood must mean they will be treated as if they were a person.
It's good to have another voice on DU. Welcome.
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saras Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 10:06 PM
Response to Reply #4
12. You have low standards ;)
When I personally can kick the ass of a corporation for attacking me, and put it in the ICU for six months, and the police and local government pat me on the back and tell me the bastard had it coming, THEN I'll believe corporations are people.

Because, whether they are people are not, most corporations are scumsucking psychpaths who would not be tolerated in a sane community for any longer than it would take to call 911 and round up all the neighbors.
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bigwillq Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-11 04:07 PM
Response to Reply #4
14. Hello
Welcome to DU! :hi:
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 03:14 PM
Response to Reply #1
9. Corporations already have that duty, the problem is the Corporation is broke
Now, in a state that can "Piece the Corporate Veil", the owners of the Corporation can be held liable for the acts of the Corporation, the problem is most states do NOT permit such "Piecing" and thus the victims are limited to assets of the Corporations. In this case it appears the owners of the Corporation (lets call it Corporation "A") sold the assets of Corporation "A" to another Corporation (Lets call it Corporation "B"). Corporations "A" and Corporation "B" are viewed as totally separate people, "B" is NOT liable for the debts of "A". Thus the victims in this case are limited to whatever Corporation "B" paid Corporation "A" for its assets (probably just the Vans).

Now, the Courts can "Piece" such corporation by saying in reality they are all one corporation and all three, Corporation "A" Corporation "B" and the stockholders of both Corporation are liable for this debt. Such a piecing depends on State Law (and how the Courts handle such "Piecing of the Corporate Veil).

More on Piecing the Corporate Veil:
http://en.wikipedia.org/wiki/Piercing_the_corporate_veil

Just pointing out this has nothing to do with the person hold of Corporation, but the limited liability of Corporation's stockholders. The courts have restricted this limited liability but it is some times hard to piece the veil.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:32 PM
Response to Original message
2. K&R.
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geardaddy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:47 PM
Response to Original message
3. K & R
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Huey P. Long Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:51 PM
Response to Original message
5. occupy -eom
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Yooperman Donating Member (123 posts) Send PM | Profile | Ignore Mon Nov-28-11 02:56 PM
Response to Original message
6. Thanksgiving day... talking with my right-winger family members..
Calling for less regulations... less controls of corporations...

Cut up ALL bridge cards... no more welfare...no more unemployment because those on unemployment don't look for work....

One Brother saying the interest rates should be going up not down during time of distress... closing more businesses...

I try to reason with them..but I just left depressed...knowing there was NOTHING I could do to change their positions.

This story just confirms how society has to have regulations and protections for the working man and woman...

Damn this story makes me ill...




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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 02:59 PM
Response to Original message
7. Republicans are too busy
trying to push "Tort Reform" to worry about Mr. Saddler.
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Sgent Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-11 03:47 PM
Response to Original message
10. Why isn't he in jail
the corporation gets him out of personal liability for the work related injuries.

It doesn't get him (as the manager) out of the legal requirement to carry workers comp insurance.
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dotymed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-11 04:07 PM
Response to Reply #10
13. I'd bet they were considered "independent contractors." n/t
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