discharged because i filed workmens comp

Discussion in 'UPS Discussions' started by flash, Mar 30, 2007.

  1. flash

    flash New Member

    i was a feeder driver when i was injured on the job 01/05 had rotator surgery 02/05 another surgery on 07/05 went back to work on 05/06. I opened a trailer door to get paper work 0n 06/20/06 there was no load straps an about 20 or so pkg came out and nailed my same shoulder that i had surgery on reported to mgt no time off . then i bought my first house for my family i have 5 kids bought that on 09/01/06 then got terminated on 09/11/06 union ba sucked filed with the state judge said that i was fired for my workmens comp and i should be reinsated have not heard anything hired and attorney am waitng. i still have only a 20lbs weight restriction. any budy else have any horror storys. flash
     
  2. Channahon

    Channahon New Member

    What was the reason for termination by UPS?
    What happened at your hearing?
    How does a state judge come into the picture here?
     
  3. helenofcalifornia

    helenofcalifornia Well-Known Member

    What were the reason's for termination? No warning letters? Come on, there is more to this story.
     
  4. flash

    flash New Member

    i had a hearing in madison and the adl judge told att. for liberty mutual that he beleives i was terminated be cause on my injuries and either give old job back or owe me 1 yr back pay
     
  5. RockyRogue

    RockyRogue Agent of Change

    Was this in the last week or so? If so, I'll bet you get a call from UPS in the next week or so, barking, "Get your a** in here! We're short!" I'm a handler. They say that to people that call in. -Rocky
     
  6. helenofcalifornia

    helenofcalifornia Well-Known Member

    So you are still working for UPS, you are just out on Worker's Comp? Do you have an attorney? The lawyer might make things a little smoother for you with UPS.
     
  7. steelheader69

    steelheader69 The Fishing UPS Guy

    I'm REALLY lost on this one. Liberty Mutual????? I know they do our accident insurance, but not our self insured L&I. It was Sedgewick and James, but UPS terminated them on this side. But thought LM was our vehicle insurance only???? Beats me.

    But there seems to be something missing. Could you elaborate a bit more??? Too much put in too small of a paragraph to figure it out. You said you were terminated, but they normally give a reason for termination (warning letters, etc). An unsecured trailer wasn't your fault, unless you were the one who secured the door in the first place and the load retainers. I'm just missing something here.

    I know I went through one helluva ordeal. But I fought my way back to UPS on my own (even lawyer bailed on me). I wasn't terminated though. I was considered "employable" and they tried to let me go before they finished my healing process. I won almost all my money back WITHOUT a lawyer (so in long run, I earned about everything I would've in first place if I'd have had to give the lawyer his cut). But I'm one of the reasons I think UPS got rid of our old L&I company. They were too quick to get rid of drivers, and all of us made it back (with hefty $$$ coming with it).
     
  8. tieguy

    tieguy Banned


    Not sure you answered the question. What were you discharged for? It should say on the letter sent to your house. How many warning letters and suspensions did you have before the discharge?
     
  9. trickpony1

    trickpony1 Well-Known Member

    flash-
    what is an "adl" judge?
    would the "adl" judge be the judge that presided over your worker's comp case?
    did you use an attorney when you filed workers comp?

    I have seen several cases of people using an attorney to file workers comp and being treated horribly, almost in a retaliatory mannner, by the company whereas people who don't use an attorney to file were welcomed with "hugs and kisses" and treated well by the company.
    The difference? The attorney will usually get you a bigger settlement pursuant with the laws of your state and your case is left open in case the injury causes further harm. Don't use an attorney and you settle for less, get a pat on the bottom and sign LM's agreement that you can't pursue it in the future.
    .......and we are so stupid that we can't tell when retaliation is occurring. :lol:
     
  10. tieguy

    tieguy Banned

    This guy has a few things to clarify before we succomb to the evil empire theory of mistreatment. I've never seen anyone fired as quickly as this guy claims. Second if the BA could not help him there often is a good reason for it and the BA being corrupted is usually not one of them.
     
  11. steelheader69

    steelheader69 The Fishing UPS Guy

    Not sure about where you're at Trick, but in the NW I wasn't treated any better when I was "without" a lawyer as "with". In fact, I was treated much better, and with more respect with a lawyer. No retaliations so far (been 2 years since my return). I know I was raked over the coals while I was doing it myself trying to work my case.

    Oh, and onto the lawyer getting you a bigger settlement. Nope, not always true. In fact, of the last 5 of us who fired our attorneys (most wanted to settle at a lower rate), we all got much higher settlements. My lawyer actually fired himself after I refused the settlement by the company. I got SIX times what the settlement offered on my own. Best part, I didn't have to pay the lawyer on top of it since he released himself from our agreement.

    I'd like to hear all the details though of this case.
     
  12. trickpony1

    trickpony1 Well-Known Member

    .....so would I. I wish the original poster would post back.

    QUESTION: we are just dumb truckdrivers, how are we supposed to go toe-to-toe in a court room, by ourselves, with the company's high dollar attorney's and prevail to the tune of a bigger settlement?
     
  13. Sammie

    Sammie Well-Known Member

    A humble opinion only...

    And no brown nosing here, honest.

    I worked in Safety for a number of years and part of what I dealt with was workman's comp. Here in Cow Country, Liberty
    Mutual is our w/c carrier.

    If a person is offered a settlement, my personal knowledge is that UPS is very fair in what they pay, according to one's injury.
    If I had a nickle for every UPS employee who thought they would do better with an attorney in these cases, I'd be rich.
    I've dealt directly with so many who were offered a settlement of say, $30,000. But he thought he'd do better with an attorney. The award, with the lawyer is tow, was still $30,000 but now 40% of that goes to the attorney.....
    One of our friends is going through this now and he owes his lawyer his a**. Too late now.
     
  14. upsdude

    upsdude Well-Known Member

    Sammie…………….

    It’s my understanding that state law determines most settlement amounts. That’s the law in my state.

    Another note on W/C Lawyers. Please discuss fees and get it in writing before turning your future over to an attorney. I sought legal counsel when my injury looked like it may end my career. The lawyer ended up charging me over 2,500.00 and never wrote a single letter. The person that helped me the most was UPS’s contracted Rehab Nurse. The lawyer wanted me to cut and run. I’ve been back to work going on 7 years with zero problems.
     
  15. Sammie

    Sammie Well-Known Member

    They do. I just didn't explain the whole banana. Meant to get across that UPS and the state law are very close.
     
  16. upsdude

    upsdude Well-Known Member

    I agree. I get a laugh hearing folks (not here) talk about "6 figure" W/C settlements from UPS. I always tell them to ask to see the check. Most every injury has a state mandated dollar amount tied to it should it reach settlement stage. Perry Mason ain't gonna get you a dime more.