ups injury settlement question

Discussion in 'UPS Discussions' started by billbraxton, Jul 13, 2008.

  1. billbraxton

    billbraxton New Member

    i recently had a hernia repaired and a few weeks ago received my first settlement letter. this is the first time i have been offered a settlement and i am not sure what to do has anyone had hernia surgery and been offered a settlement? i appreciate your time in advance with this issue
     
  2. drewed

    drewed Shankman

    get a lawyer! that is all
     
  3. Baba gounj

    Baba gounj pensioner

    yes, get some legal advice.
     
  4. Big Babooba

    Big Babooba Well-Known Member

    The only advice you should take from this forum is to get a lawyer. You have too much at stake . Good luck.
     
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

  6. trplnkl

    trplnkl 555

    DO NOT SIGN ANYTHING.....until you talk to a lawyer.
     
  7. upsdude

    upsdude Well-Known Member

    ...................and be sure to ask the lawyer how much he/she will be charging you for the information.
     
  8. crazygill

    crazygill New Member

    Walk don't run because at ups the safest place in the world to work and remember WE CARE ABOUT YOU ( GET LEGAL HELP ASAP)
     
  9. Covemastah

    Covemastah Suspension Ovah !!! Tom is free FU Goodell !!

    i have friends here that have had a hernia operationn and came back to work light duty at first then back at it full throttle!!why would they want to buy you out ??? their must be more to your story,call a lawyer and give us more details!!!! good luck !!
     
  10. over9five

    over9five Moderator Staff Member

    I agree with Covemaster. People get hernia operations all the time. No one gets a buy-out for that.
     
  11. metrophillyslub

    metrophillyslub New Member

    yea, did doctor tell you that you cant return to work or something? just does not make any sense what so ever. ups wont just send out buy out offers unless you are basically unable to return to work.
     
  12. rocket man

    rocket man Well-Known Member

    ups made an offer how much did they want you to pay.:surprised:
     
  13. JohnnyPension

    JohnnyPension Member

    What usually happens is that a year after the injury you will go to the company's doctor and a doctor your lawyer will recommend to you (no joke - GET A LAWYER - listen to these good folks on this site). They will both decide by percentage how much you are disabled from your injury and meet somewhere in the middle. At that point you will have a hearing and receive a settlement. Correct me if I am wrong guys but it usually averages out to about $800 or $900 for every percentage point depending on how much your lawyer is awarded by the judge. You do not have any attorney fees.

    I believe that first settlement letter you speak of will lead to a hearing (you get paid four hours for that). They will tell you there is no info on your disability and you will have to have another hearing (the one a year later).

    Anyway that was the way it was before I retired.

    GET A LAWYER.

    Good luck Billb.
     
  14. Load Stand

    Load Stand Guest



    What you are referring to here is PPD awards (Permanent Partial Disability)..some state WC laws do not have such things, but other states likely have higher weekly wage replacement benefits..I agree that it seems odd after a hernia to offer a settlement...maybe the company wants to settle just the PPD portion if one exists in your state, that would make a little more sense....instead of wasting money on different medical opinions and lawyers, maybe consider a fair settlement without feeding into all the lawyers and doctors games...and save your company some money in the long run while getting fair compensation that may be due to you....because all too often, after the lawyers and docs get their chunks, you are left with the same you may have gotten on your own..you just should have an idea what your average PPD is worth if you chose to go it alone.
     
  15. helenofcalifornia

    helenofcalifornia Well-Known Member

    Are you not returning to work? Do you want to return to work? I am thinking that this "settlement" is just to pay you off and conclude the case. This is worker's comp, right? All the above people are right when they say get a lawyer. And do not sign anything until you do. Listen to us, we know of what we speak. And report back. Good luck.
     
  16. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    Are you sure you aren't refering to an "MMI"(maximum medical improvement)payment?
     
  17. brownandout

    brownandout Guest

    u guys are way off..........after ur return to work and release by ur doc to work u will be notified 90 days later with a settlement offer.....u may take it or contact a lawyer....but beware the lawyer gets 20% of the offer.....if u get the lawyer after the 1st offer he gets 20% of the money above the 1st offer.....exmpl ups offers u 20,000$ then the lawyer gets it up to 40,000$ he gets 20% of the 20,000$ which is 4,000$.....its best to get the lawyer after the 1st offer.....many things go into the formula for the award.....time off,kind of injury,% of loss of motion to the body part,if it is ur dominant limb etc......lawyers say u need them but u dont.......think of it as car shopping only u have the upper hand.....they start low balling its ur job to get the best offer!!!!!!!!!remember if u think u need a lawyer get one,i did the 1st time and he got 12,000$ out of me ......the 2nd time it was all mine 26,000$ lawyer 00$...u have to know when to hold em and when to fold em.......no punn intended..........good luck
     
  18. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Can anyone translate that from cellphone to English?
     
  19. metrophillyslub

    metrophillyslub New Member

    the only way you get any settlement offer is if you are unable to return to work cause of you injury. if you are released by your doctor and go back to work there is no settlement offer. why would the company make a settlement offer if you are back to work and your injuries are no longer an issue?!
     
  20. over9five

    over9five Moderator Staff Member


    Nope. I have an 8 year old niece, tho. I'll have her translate it next time she's here.