This sucks!!!!

UpstateNYUPSer(Ret)

Well-Known Member
Just curious, had you decided to call in this morning, what would you have told them when they asked for the reason? Would you have mentioned the ankle or would you have said that you weren't feeling well?

No one is irreplaceable. I am sure they would have found somone to swap out the short system trailers (whatever they are). As for your paycheck, get direct deposit and you won't have to worry about that, either. This will also give you the advantage of having your full check available for your use the day of the deposit.

The one good thing to come out of this is you are more aware of the potential for injury and are taking steps (pun intended) to prevent them.

Rest your ankle this weekend. Dave.
 

JonFrum

Member
Some bad advice and inaccurate information in this post

I tried to politely alert everyone to the fact that bad advice was being given in this thread, but aparently several people think it's me that is out of line. Here's the bad advice I was referring to. (Of course, like all exerpts, these quotes are unavoidably taken slightly out of context.)

"Unless you call the injury into Liberty Mutual that day, you lose. When the next day rolls around, UPS will say the injury never happened on property. Your immediate supervisor will completely forget that you injured yourself. He will deny all conversations he had with you the day before." (Also endorsed by a subsequent poster.)
Almost certainly false.

"I would go so far to say for you go back today and ask to be taken to the clinic. . ."
Sprained ankles only heal by staying off them, not by going to work, and then to a clinic.

"You may have a stress fracture or a torn ligament or you may have just a simple sprain. Like I said, we have 24 hours to call it in to the insurance company."
Supervisors may have 24 hours, but that isn't a limit imposed on the original poster if he is home.

"If your condition worsens to the point where you need to seek medical attention, let your supervisor know as he may want to accompany you."
Supervisors, in an emergency, may serve as an taxi taking someone from work to the hospital, but not from home to the hospital. Supervisors are not doctors. They have no legal right to know your medical details. Asking them to unnecessarily accompany you opens you up to them second-guessing every move, and entering the examining room with you. This is not to be allowed.

"If you do not have the injury reported and it turns out to be a bigger isue that you thought you will be on your own to take care of the medical expenses and time off work."
The injury was reported.

"Go back to the building and report the injury immediatly and go see a doctor, before its too late."
Two seperate trips after the ankle has swelled up will only make a sprained ankle worse. One poster says he followed this course and ended up on TAW for five weeks.

"In my opinion you should go back to the building and tell them what happened and that you want to go to the clinic."
Stay off a sprained ankle. The original poster specifically said he eventually couldn't walk. Why advise him to make two unnecessary trips?

(At this point I made my comment.)

"If it feels bad tomorrow you should go to work get it entered into the system (done online now) get it looked and make sure its not serious." (Also endorsed by two subsequent posters.)

"You should report the injury, get it looked at . . ."

The original poster's actions should be dictated by his own evaluation of his moment by moment medical condition, not by UPS safety contests, or various poster's recomendations. I advised everyone to reread the original post so everyone would see that while the poster's ankle did later prevent him from walking (which is part of the healing process, as the body immobilizes the ankle) he also said "it really wasn't a bad fall." None of us can diagnose over the Internet, but it appeared this was not likely a serious injury or a Workers Comp case. In fact, he went in to work the next day.

Please resist the urge to respond to this post and keep it going. I felt it was necessary for me to respond to criticisms directed at me especially since one criticism was from a Moderator! Subsequent events indicate my advice to stay off the ankle as long as the patient deemed necessary, and let it heal, appears to have been correct.
 

grgrcr88

No It's not green grocer!
I tried to politely alert everyone to the fact that bad advice was being given in this thread, but aparently several people think it's me that is out of line. Here's the bad advice I was referring to. (Of course, like all exerpts, these quotes are unavoidably taken slightly out of context.)

"Unless you call the injury into Liberty Mutual that day, you lose. When the next day rolls around, UPS will say the injury never happened on property. Your immediate supervisor will completely forget that you injured yourself. He will deny all conversations he had with you the day before." (Also endorsed by a subsequent poster.)
Almost certainly false.

"I would go so far to say for you go back today and ask to be taken to the clinic. . ."
Sprained ankles only heal by staying off them, not by going to work, and then to a clinic.

"You may have a stress fracture or a torn ligament or you may have just a simple sprain. Like I said, we have 24 hours to call it in to the insurance company."
Supervisors may have 24 hours, but that isn't a limit imposed on the original poster if he is home.

"If your condition worsens to the point where you need to seek medical attention, let your supervisor know as he may want to accompany you."
Supervisors, in an emergency, may serve as an taxi taking someone from work to the hospital, but not from home to the hospital. Supervisors are not doctors. They have no legal right to know your medical details. Asking them to unnecessarily accompany you opens you up to them second-guessing every move, and entering the examining room with you. This is not to be allowed.

"If you do not have the injury reported and it turns out to be a bigger isue that you thought you will be on your own to take care of the medical expenses and time off work."
The injury was reported.

"Go back to the building and report the injury immediatly and go see a doctor, before its too late."
Two seperate trips after the ankle has swelled up will only make a sprained ankle worse. One poster says he followed this course and ended up on TAW for five weeks.

"In my opinion you should go back to the building and tell them what happened and that you want to go to the clinic."
Stay off a sprained ankle. The original poster specifically said he eventually couldn't walk. Why advise him to make two unnecessary trips?

(At this point I made my comment.)

"If it feels bad tomorrow you should go to work get it entered into the system (done online now) get it looked and make sure its not serious." (Also endorsed by two subsequent posters.)

"You should report the injury, get it looked at . . ."

The original poster's actions should be dictated by his own evaluation of his moment by moment medical condition, not by UPS safety contests, or various poster's recomendations. I advised everyone to reread the original post so everyone would see that while the poster's ankle did later prevent him from walking (which is part of the healing process, as the body immobilizes the ankle) he also said "it really wasn't a bad fall." None of us can diagnose over the Internet, but it appeared this was not likely a serious injury or a Workers Comp case. In fact, he went in to work the next day.

Please resist the urge to respond to this post and keep it going. I felt it was necessary for me to respond to criticisms directed at me especially since one criticism was from a Moderator! Subsequent events indicate my advice to stay off the ankle as long as the patient deemed necessary, and let it heal, appears to have been correct.


Are you are doctor? A Lawyer? An Insurance Agent? Someone that has anything to do with work comp claims? Or did you stay at a Holiday Inn Express last night?
 

UpstateNYUPSer(Ret)

Well-Known Member
First of all, don't worry about the safe work days thing. Injuries happen in a fast paced work environment. The important thing for you is to take care of your ankle. It may be all it needs is ice, elevation and rest. You did the right thing by telling your immediate supervisor. If your condition worsens to the point where you need to seek medical attention, let your supervisor know as he may want to accompany you. You may have to fill out an injury report and report the injury claim to Liberty Mutual.

Jon, I have re-read what I wrote and I stand by my original advice. You will notice I used the word may. The last time I rolled my ankle my on car met me at the local clinic and waited as I was being evaluated. I was advised to stay off of the ankle for 3 days and, as the following day was Friday, my on car told me to stay home and take care of the ankle. I was good to go come Monday and there was no lost time to the center.
 

grgrcr88

No It's not green grocer!
"If your condition worsens to the point where you need to seek medical attention, let your supervisor know as he may want to accompany you."
Supervisors, in an emergency, may serve as an taxi taking someone from work to the hospital, but not from home to the hospital. Supervisors are not doctors. They have no legal right to know your medical details. Asking them to unnecessarily accompany you opens you up to them second-guessing every move, and entering the examining room with you. This is not to be allowed.

.

This is actually a contractual right of anyone injured on the job.

Article 14 of the NM "The Employer agrees to provide any employee injured locally immediate transportation, at the time of the injury, from the job to the nearest appropriate medical facility and return to the job, or to the employee's home, if required. In such cases, no representative of the Employer shall be permitted to accompany the injured worker while he/she is receiving medical treatment and/or being examined by the medical provider, without the employee's consent"

Page 34 of the National Master in case you happen to be by a Holiday Inn Express again!!!
 

JonFrum

Member
I'm aware of the language you cite, but I'm not sure BleedinBrown was, or most employees are. Besides, BleedinBrown was home, not at work.

Upstate was recomending BleedinBrown call his supervisor so the supervisor could accompany him as he sought medical attention. This seems like the supervisor would be acting like an invited friend (as well as a supervisor.) Bad advice to others, even if Upstate is okay with it in his own personal situation.

Most Contract violations by UPS can be set right later with a grievance payment. And so the workrule is to first "allow" UPS to violate the Contract, then seek redress afterward. Unfortunately, in some matters, you can't "un-ring the bell." If a supervisor tries to oversee your examination in the hospital room, or argue with the doctor about return to work dates or restrictions, or learn the medical details of the matter, you must put your foot down (the good foot) as there is no way to undo this type of violation once it occurs. Supervisors have been known to illegally pry into medical matters in emergency rooms, when employees call-in sick, and when FMLA leave is requested. It is illegal for management to attempt to learn medical details. This is an important protection, especially in other cases where the details are of a more sensitive nature than a sprained ankle.
 

grgrcr88

No It's not green grocer!
I'm aware of the language you cite, but I'm not sure BleedinBrown was, or most employees are. Besides, BleedinBrown was home, not at work.

Upstate was recomending BleedinBrown call his supervisor so the supervisor could accompany him as he sought medical attention. This seems like the supervisor would be acting like an invited friend (as well as a supervisor.) Bad advice to others, even if Upstate is okay with it in his own personal situation.

Most Contract violations by UPS can be set right later with a grievance payment. And so the workrule is to first "allow" UPS to violate the Contract, then seek redress afterward. Unfortunately, in some matters, you can't "un-ring the bell." If a supervisor tries to oversee your examination in the hospital room, or argue with the doctor about return to work dates or restrictions, or learn the medical details of the matter, you must put your foot down (the good foot) as there is no way to undo this type of violation once it occurs. Supervisors have been known to illegally pry into medical matters in emergency rooms, when employees call-in sick, and when FMLA leave is requested. It is illegal for management to attempt to learn medical details. This is an important protection, especially in other cases where the details are of a more sensitive nature than a sprained ankle.

Actually there is, it's called a lawsuite. Once someone has illigally pryed into your medical backround you have every right to sue them for monetary damages.
 

JonFrum

Member
Actually there is, it's called a lawsuite. Once someone has illigally pryed into your medical backround you have every right to sue them for monetary damages.

You could sue if UPS violated HIPAA or FMLA or just on general invasion of privacy grounds, but very, very few would actually do that. Besides, it won't "un-ring the bell," and when UPS mentions that the employee called his supervisor from home and invited him to acompany him to the hospital, the lawsuit will crumble.
 
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