What is workman’s compensation and why is it needed? Workers’ Compensation began in the U.S. in 1911. It took the United States 37 years for every state to pass its own workers’ compensation law.
Wisconsin was the first in 1911. That same year, nine other states had workers’ compensation acts brought to fruition. While many are likely already aware, workers’ compensation insurance provides medical and lost wage benefits to workers who are injured on the job. Additionally, unemployment benefits may be available to workers who have lost their jobs through no fault of their own, but a worker obviously doesn’t have to be injured to collect unemployment benefits.
Most employers are required by law to purchase workers’ compensation insurance. In fact, every single U.S. state but Texas mandates that companies purchase workers’ compensation coverage. Again, with Texas…anyway, in a country where an injury could be paid for by the company, certainly PTSD as a result of an attempted murder would qualify – or at least one would think.
In Mississippi, a Black FedEx driver, D’Monterrio Gibson, was fired by FedEx for not being able to work due to medical clearance after nearly losing his life. Authorities say D’Monterrio was chased and shot at several times by two white men while he was delivering a package last year. After a reluctant arrest of the two men, the judge declared a mistrial as the police did not turn over evidence in the case, causing an uproar in the local community – sounding like, for the most part, good ol’ boy politics.
So not only are the assailants walking free while awaiting the next trial, but FedEx terminated Gibson. As if that wasn’t the worst part, it was also reported that the workers’ compensation only paid Mr. Gibson one-third of his pay.
Where do we start with the blame? The Mississippi police department in Lincoln County should be first on the list. Enforcing the law is the first step, while securing the conviction of those who break the law is the goal. Another element to blame is Mississippi state law, as paying someone a third of nothing is still nothing, as compelled workers’ compensation laws are meaningless if employers can fire those under active disability claims.
This then leads to FedEx being partly to blame in the whole scenario, as having their employees in harm’s way – considering Gibson was driving a Hertz van approved for deliveries but obviously didn’t bear the FedEx logo anywhere on the vehicle – and turning their proverbial billion dollars back on him in a time of need is just ridiculous.
No way is this okay or a situation where a person is “gaming” the workers’ compensation system. Not only is Gibson not medically cleared to return to work, but he could wind up getting that fateful route again and see those who attempted to kill him (allegedly). So, until FedEx delivers justice to this young man, they need not worry about making any deliveries for me.
Kacy Benefield is an accomplished historian who challenges not just what is being taught but those who are teaching it. Born in Los Angeles, California, a loving son, brother, husband and father who does not make the news but only reports the truth. Benefield is also the co-host of the show Better Benefield.
I will agree by Mississippi not enforcing the law is the first blame what I don’t understand why Mississippi is not penalized for this. Gibson probably didn’t understand the danger of not having the logo on the vehicle, but come on even if he had it the logo that wouldn’t have not stopped these people from trying to kill him. The judge in this case had no business calling this a mistrial, if indeed, Worker’s Compensation was not excepted by only a few states in the United States. There should’ve been something done now let’s deal with Fed X. If no one else knew Gibson they did, and should have stood by him. WHEN WILL THE GOOD OLD BOYS RETIRE?!!🤥
I could not agree with you more. To have the police withhold evidence that could have helped secure a conviction is outrageous. And to have a judge act as if his hands were tied was a slap in the face. We know good ol’ Boy politics exists. As a country we should be angry and demand justice for this young man. Thank you 😊 for your comments.
The amount of injustice this young man experienced would and should have every member of our society outraged. This isn’t a Black issue if justice is blind the racism is clear. Police , D.A.’s and companies in the private sector have an obligation to do right concerning ALL citizens and employees. Mississippi should be ashamed of that workers compensation program. All we can hope for now is the federal government to indict these two racist men and secure a conviction. That can be the starting point of this man getting his life back on track. Thank you 😊 for your comments.
See, this is a mess all the way around.. My first gripe is the fact that they don’t have enough FedEx trucks. As someone who use to deliver for Amazon in my personal car, people do look at you with some alarm if you pull up in an unfamiliar vehicle and they were expecting a delivery service like Amazon or FedEx….
Next is the neglect from the state to not fully enforce workers compensation because 1/3 is a joke. What is he a slave? He a full person and deserves full pay…
Next is the fact that FedEx fired him for not being able to work under medical clearance. The key word in that is CLEARANCE. If he isn’t CLEARED for work medically, then he should be COVERED by his work’s medical. Because any medical condition that arises with any human being is not planned.
Lastly, the judge declaring a mistrial because of the lack of evidence is blasphemy. The fact that the department refused to present any evidence shows that they are hiding something. And not only that, but with holding information and evidence in itself should be punishable and they should be reprimanded. If the colors of those involved were flipped, It would definitely indeed be different.
I WOULD IMAGINE HE COULD SUE
I WOULD IMAGINE HE COULD SUE