Do The Dump Truck Bump for $300,000.

The first day of school is usually filled with expectation and excitement. New learnings to be had. New friends to enjoy. The promise of exciting new teachers. Instead, in August of 2005, the first day of school lead to the dump truck bump that will cost local taxpayers $300,000.
Bright, sunny warm. A great day to begin school. The first day for new Superintendent Dr. Doug Baker in the Marietta City Schools. On that day a minor accident occurred. A dump truck bumped the rear of a school bus. Perhaps “bumped” is underplaying the reality.
None of the children on the bus received any serious injury. The bus was not badly damaged. The driver, however, was injured to the point of requiring medical attention and lost work which resulted in a Workers Compensation claim.
The Marietta City Schools has for many years participated in the Ohio Valley Safety Council sponsored by the Marietta Area Chamber of Commerce. This organization conducts safety trainings and sponsors programs aimed to promote safety in the workplace.
As a result of participation, local employers experience reduced rates on their Workers Compensation premiums. These savings can be considerable depending on the size of the employer and the nature of their business.
The premium reduction is also dependent on an ongoing record of safety on the job and therein is where the problem began for the schools. The “accident” of having one of its buses bumped and a resultant claim on the Workers Compensation resulted in the schools losing their favorable rating in the system.
Even though the accident was not the fault of the bus driver, the claim itself moved the schools’ rating out of the favored and discounted category. It took over two years for that change to occur.
One might logically ask why our other insurance would not have come in to play. And one would be confounded by the answer that does not satisfy the question. One might also ask why any loss suffered as a result of premium increase or property damage might not be regained by filing suit against the dump truck driver’s employer’s insurance company. And again, one would be disappointed. This time by state law.
It turns out that a Supreme Court ruling in 1992 precluded lawsuits against those at fault in Workers Comp cases unless those at fault were under contract with the injured party to begin with. In this case, perhaps bringing a load of gravel to a school property. Such was not the case.
We have been advised by our attorney that a challenge to this ruling is possible and has happened unsuccessfully at least a dozen times over the years. The Supreme Court has refused to hear the cases. The cost of pursuing such a case is estimated to be in the range of about $25,000. The chance of prevailing in such suit depends first on the court being willing to hear it, and then on the court deciding in favor, against the previous ruling. They call it a long shot at the horse race track.
It is such a long shot that your board of education members are unwilling to gamble with your money on the outcome. The result is that this dump truck bump and losing the favorable premium rating means the amount we will pay over the next 4 years will be about $300,000 more than we would have paid prior to the accident. Through no fault of our driver or safety practices. Government at its best.