Work Injury

menotyou

bella amicizia
I think you may be right. I just know my center manager would sell his soul to not get another one. Too many injuries get you a new position, I hear.
I was at therapy a couple weeks ago. I look up and there stands the supervisor I blame for my injury. I found out later he was accompanying a co-worker to his therapy. Must be a new policy. They found a new way to stalk us.
 

menotyou

bella amicizia
So what you are saying is that in your experience, repetitive motion injuries are not covered under WC? Interesting, not saying you are wrong, but it does not really make sense.
Mine is covered. Herniated disks in neck. From scanning alone for two weeks during peak with two unloaders and a bag dumper pumping out the flow. Begged for help, to no avail. Last day, I shut the belt off, put the scan gun down and walked to the center manager's office to fill out an accident report. Didn't know how injured I was, til it was to late. That is why UPS should take care of their own. Hopefully, the pending lawsuits wake up management. Can you tell I am irritated? They injure you then toss you away.
I told my immediate supervisor after this that I hope his daughter get the same kind of supervisor that my father had to watch me have. He was pissed. So is my father.
 

UnconTROLLed

perfection
Mine is covered. Herniated disks in neck. From scanning alone for two weeks during peak with two unloaders and a bag dumper pumping out the flow. Begged for help, to no avail. Last day, I shut the belt off, put the scan gun down and walked to the center manager's office to fill out an accident report. Didn't know how injured I was, til it was to late. That is why UPS should take care of their own. Hopefully, the pending lawsuits wake up management. Can you tell I am irritated? They injure you then toss you away.
I told my immediate supervisor after this that I hope his daughter get the same kind of supervisor that my father had to watch me have. He was pissed. So is my father.

Ouch, we can only protect ourselves. Hope you get that straightened out ASAP.

One of the real kickers for my injury is the way we have to walk on a moving bulk conveyer belt to unload cages and load package cars and also having to step up into top cages to retrieve packages. I think doing that for months and months really helped wear and piss off my knee.

For ex: having to step into a top cage, assuming you are average height- weight -and arm length, means you have to grab and climb into it and extend your arms and back out as far as you can. THen you are PULLING (not pushing) the packages towards you, which is completely against any methods and doing so WHILE COMPLETELY EXTENDED. The worst is stepping up into the cage is EXTREMELY bad for your knees, much the same as a driver stepping into the package car. At least pkg drivers have handrails - there are NO HANDRAILS for top cages!

Not sure why it is allowed in hubs, to walk on a fast moving belt with over 70 packages going by behind/underneath you, while you dodge them exiting the cage (awkwardly) and walk AGAINST the flow of the belt, loaded up with packages, into the cars.

THis goes against so many different 5 keys and 8 keys- it is really sickening and should be examined more closely for wear and tear on knees/back.

It is no wonder preload takes like 60-75% of inside bldg injuries. And guess what - proper building design, job design and equipment can easily prevent most of this.
 

menotyou

bella amicizia
That clearly violates the 5 keys. Remember, part of your benny pkg is a $1000 credit for a lawyer. I have that 800#, too.

When you get back to work, DO NOT WALK ON MOVING CONVEYER BELTS!!!!! OSHA would love that tidbit.

I had one of the disks removed, so it not as bad as it was. The other two aren't as bad, so they left them in. They can't be fixed. Just have to deal with it.
 

UnconTROLLed

perfection
That clearly violates the 5 keys. Remember, part of your benny pkg is a $1000 credit for a lawyer. I have that 800#, too.

When you get back to work, DO NOT WALK ON MOVING CONVEYER BELTS!!!!! OSHA would love that tidbit.

I had one of the disks removed, so it not as bad as it was. The other two aren't as bad, so they left them in. They can't be fixed. Just have to deal with it.

Ugh, sorry to hear. How old are you to have these disc problems if you don't mind me asking?

As far as OSHA and walking on moving belts, apparently the company made a deal to have it allowed. How much did they pay, that is my only question...:p
 

beatupbrown

Well-Known Member
Repetitive injuries are a bit tricky you need to go back to the date of the original injury or the last time you had a major episode of pain on the job use that as the new injury date. You must have an injury date. I would then go to the hall and get work comp lawyer the hall recommends, then get a patient friendly doctor from the advice of the work comp lawyer, don’t give up I know it is scary you are hurt and people are not acting with dignity .UPS fights all major injuries it is a business decision just how the system works. You and legions of other UPS folks have gone down this path good luck!

 

FracusBrown

Ponies and Planes
Workers comp covers work related injury and illnesses. There does not need to be a specific event identified. The sup or manager cannot deny the reporting of a work related injury or illness. Once the injury or illness is reported, the medical advisors at liberty mutual evaluate the claim. Only a doctor or a trained medical professional can determine weather the injury or illness is work related.

There have been many management people disciplined or terminated for failing to report injuries/illnesses. The sup or manager is treading on thin ice.

Depending upon the state, the regulations vary. In my area, the mere mention of work during a Dr visit leads to the injury or illness being listed as work related and therefor a comp claim.
 
I'm sorry, I did not take the time to read all the posts, partially because every state has their own laws and regulations and many vary greatly. So, if I am repeating recommendations, I apologize.

IMO, the next thing you need to do is contact YOUR state's department of Workers Compensation Agency (or whatever they call it where you live). They can provide you with information on your rights in connection with injuries.
Then contact a lawyer that specializes in Worker's Comp cases. Follow common sense and the advice they give you.
Most important is to NOT drag your feet on this issue, time is not your friend.
 

dannyboy

From the promised LAND
ME
I don't know why my building has to pay $18,000 for a lost time injury. I just know they do. I believe it was an OSHA settlement of some kind. My center manager is constantly bitching about it.
I asked about the 18 grand. Its not OShA that gets the money. THat is what the center op is charged per lost time injury. UPS, with its facination for numbers, has determined that the average cost per lost time injury to a center should be 18 grand. There will be a lot that do not cost that much, and there are a few that could cost a heck of a lot more. So they just average them out, and use 18 grand.

But the money does not go to OSHA, it is used to cost the center for the charges.

d
 

brownedout

Well-Known Member
Other sites to google for this thread would be those pertaining to: Repetitive Stress Disorder (or Repetitive Stress Injury) and Biomechanics.
 

menotyou

bella amicizia
MEI asked about the 18 grand. Its not OShA that gets the money. THat is what the center op is charged per lost time injury. UPS, with its facination for numbers, has determined that the average cost per lost time injury to a center should be 18 grand. There will be a lot that do not cost that much, and there are a few that could cost a heck of a lot more. So they just average them out, and use 18 grand.

But the money does not go to OSHA, it is used to cost the center for the charges.

d

Thank you. I wondered.
 

beatupbrown

Well-Known Member
Get a good locale work comp attorney from the hall they will know all the ins and outs of your state and how UPS fights these type of claims .sounds like not all states need a injury date good luck on that one UPS fights all claims ,I am sure they like the ones without a date .
 

UnconTROLLed

perfection

menotyou

bella amicizia
If I were him, I would use the dog-bite date. When my injury was called in, I had to come up with an injury date. The lady from Liberty suggested the date I went to the emergency room as mine was from repetitive motions. I wish I had gone with another. The rules changed on workers comp in NY in '07. Thats another thing. I don't understand why the rules on comp aren't more uniform across the country.
 

UnconTROLLed

perfection
If I were him, I would use the dog-bite date. When my injury was called in, I had to come up with an injury date. The lady from Liberty suggested the date I went to the emergency room as mine was from repetitive motions. I wish I had gone with another. The rules changed on workers comp in NY in '07. Thats another thing. I don't understand why the rules on comp aren't more uniform across the country.

Are you saying that whatever date you began feeling pain was the injury date? What differences would it have caused if you went with an other?
 

menotyou

bella amicizia
Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 22-3-3
Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments
IC 22-3-3-1
Notice of injury; time
Sec. 1. Unless the employer or his representative shall have actual knowledge of the occurrence of an injury or death at the time thereof or shall acquire such knowledge afterward, the injured employee or his dependents, as soon as practicable after the injury or death resulting therefrom, shall give written notice to the employer of such injury or death.
Unless such notice is given or knowledge acquired within thirty (30) days from the date of the injury or death, no compensation shall be paid until and from the date such notice is given or knowledge obtained. No lack of knowledge by the employer or his representative, and no want, failure, defect or inaccuracy of the notice shall bar compensation, unless the employer shall show that he is prejudiced by such lack of knowledge or by such want, failure, defect or inaccuracy of the notice, and then only to the extent of such prejudices.
(Formerly: Acts 1929, c.172, s.22.)

IC 22-3-3-2
Notice of injury; contents; signature
Sec. 2. The notice provided for in the preceding section shall state the name and address of the employee, the time, place, nature and cause of the injury or death, and shall be signed by the injured employee or by some one in his behalf or by one (1) or more of the dependents, in case of death, or by some person in their behalf. Said notice may be served personally upon the employer, or upon any foreman, superintendent or manager of the employer to whose orders the injured or deceased employee was required to conform or upon any agent of the employer upon whom a summons in a civil action may be served under the laws of the state, or may be sent to the employer by registered letter, addressed to his last known residence or place of business.
(Formerly: Acts 1929, c.172, s.23.)

IC 22-3-3-3
Limitation of actions; radiation
Sec. 3. The right to compensation under IC 22-3-2 through IC 22-3-6 shall be forever barred unless within two (2) years after the occurrence of the accident, or if death results therefrom, within two (2) years after such death, a claim for compensation thereunder shall be filed with the worker's compensation board. However, in all cases wherein an accident or death results from the exposure to radiation, a claim for compensation shall be filed with the board within two (2) years from the date on which the employee had knowledge of his injury or by exercise of reasonable diligence should have known of

the existence of such injury and its causal relationship to his employment.
(Formerly: Acts 1929, c.172, s.24; Acts 1947, c.162, s.2; Acts 1961, c.101, s.1.) As amended by P.L.144-1986, SEC.31; P.L.28-1988, SEC.26.
IC 22-3-3-4
Medical treatment pending adjudication of impairment
Sec. 4. (a) After an injury and prior to an adjudication of permanent impairment, the employer shall furnish or cause to be furnished, free of charge to the employee, an attending physician for the treatment of the employee's injuries, and in addition thereto such surgical, hospital and nursing services and supplies as the attending physician or the worker's compensation board may deem necessary. If the employee is requested or required by the employer to submit to treatment outside the county of employment, the employer shall also pay the reasonable expense of travel, food, and lodging necessary during the travel, but not to exceed the amount paid at the time of the travel by the state to its employees under the state travel policies and procedures established by the department of administration and approved by the state budget agency. If the treatment or travel to or from the place of treatment causes a loss of working time to the employee, the employer shall reimburse the employee for the loss of wages using the basis of the employee's average daily wage.
(b) During the period of temporary total disability resulting from the injury, the employer shall furnish the physician services, and supplies, and the worker's compensation board may, on proper application of either party, require that treatment by the physician and services and supplies be furnished by or on behalf of the employer as the worker's compensation board may deem reasonably necessary.
(c) After an employee's injury has been adjudicated by agreement or award on the basis of permanent partial impairment and within the statutory period for review in such case as provided in section 27 of this chapter, the employer may continue to furnish a physician or surgeon and other medical services and supplies, and the worker's compensation board may within the statutory period for review as provided in section 27 of this chapter, on a proper application of either party, require that treatment by that physician and other medical services and supplies be furnished by and on behalf of the employer as the worker's compensation board may deem necessary to limit or reduce the amount and extent of the employee's impairment. The refusal of the employee to accept such services and supplies, when provided by or on behalf of the employer, shall bar the employee from all compensation otherwise payable during the period of the refusal, and the employee's right to prosecute any proceeding under IC 22-3-2 through IC 22-3-6 shall be suspended and abated until the employee's refusal ceases. The employee must be served with a notice setting forth the consequences of the refusal

under this section. The notice must be in a form prescribed by the worker's compensation board. No compensation for permanent total impairment, permanent partial impairment, permanent disfigurement, or death shall be paid or payable for that part or portion of the impairment, disfigurement, or death which is the result of the failure of the employee to accept the treatment, services, and supplies required under this section. However, an employer may at any time permit an employee to have treatment for the employee's injuries by spiritual means or prayer in lieu of the physician or surgeon and other medical services and supplies required under this section.
(d) If, because of an emergency, or because of the employer's failure to provide an attending physician or surgical, hospital, or nursing services and supplies, or treatment by spiritual means or prayer, as required by this section, or because of any other good reason, a physician other than that provided by the employer treats the injured employee during the period of the employee's temporary total disability, or necessary and proper surgical, hospital, or nursing services and supplies are procured within the period, the reasonable cost of those services and supplies shall, subject to the approval of the worker's compensation board, be paid by the employer.
(e) An employer or employer's insurance carrier may not delay the provision of emergency medical care whenever emergency medical care is considered necessary in the professional judgment of the attending health care facility physician.
(friend) Regardless of when it occurs, where a compensable injury results in the amputation of a body part, the enucleation of an eye, or the loss of natural teeth, the employer shall furnish an appropriate artificial member, braces, and prosthodontics. The cost of repairs to or replacements for the artificial members, braces, or prosthodontics that result from a compensable injury pursuant to a prior award and are required due to either medical necessity or normal wear and tear, determined according to the employee's individual use, but not abuse, of the artificial member, braces, or prosthodontics, shall be paid from the second injury fund upon order or award of the worker's compensation board. The employee is not required to meet any other requirement for admission to the second injury fund.
(g) If an accident arising out of and in the course of employment after June 30, 1997, results in the loss of or damage to an artificial member, a brace, an implant, eyeglasses, prosthodontics, or other medically prescribed device, the employer shall repair the artificial member, brace, implant, eyeglasses, prosthodontics, or other medically prescribed device or furnish an identical or a reasonably equivalent replacement.
(h) This section may not be construed to prohibit an agreement between an employer and the employer's employees that has the approval of the board and that binds the parties to:
(1) medical care furnished by health care providers selected by agreement before or after injury; or
(2) the findings of a health care provider who was chosen by agreement.
 

menotyou

bella amicizia
Are you saying that whatever date you began feeling pain was the injury date? What differences would it have caused if you went with an other?

If I had gone before "07, the payments would be for life. Now, there is a schedule(limit). The most you get paid for is 535 weeks. If you are 50% disabled, you get 50% of your wage at the time of accident for 50% of the 535 weeks. And so on.
 
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