Work Injury

[dannyboy]

Get a good locale work comp attorney from the hall they will know all the ins and outs of your state

While most locals have a "deal" worked out with a lawyer, many of whom reduce the percentage by a point or two, a lot of times these guys are lazy. I had one once that the local recommended, and while he did get me 3% more than they originally offered without a lawyer, he got 4% of the total. So I walked away with an additional 1% less than if I did not have a lawyer. On top of that, it took almost 18 months longer to settle. Then, they wrote him the check, and I had to wait an additional two weeks for the check to clear, before they sent me my portion.

So many times the difference between what they initially offer and the max allowed by law is very small, and not worth having a lawyer try to go after that small piece, and then get a percentage of the whole pie.

Workers comp lawyers are a dime a dozen, choose wisely if you hire one.

d

 

[menotyou]

I can't be forced to settle on my injury. But, I don't appreciate what I am probably going to get. I am getting the shaft no matter how you look at.

 

[dannyboy]

Menotyou

First off, there is not enough money to bring you back health that you have lost. While my hand works, it is no where even close to what it was prior to the reorganization. In strength or dexterity. But I am very thankful for what I do have, and make the most of it.

An injury is not a live life free card. You will have to find employment at something you CAN do. And workers comp is designed to pay you for the loss. But the payment is never what it actually costs you. Remember the school insurance? get 5 grand for a hand, or an eye, get 15 or 20 grand for both eyes or hands etc etc etc. How does that ever reimburse you for your actual loss. It wont and cant.

So the big idea is to work safe, and not get hurt.

d

 

[menotyou]

I realize I don't get a life free card. I don't want one. I was pointing out the time difference and how the lobbyists in Albany have decided my fate. I do believe that I was working as safe as I could in the conditions UPS handed me. A box didn't fall on my head from me unloading incorrectly. I was doing a two-man job single-handedly at the direction of my supervisor. I was injured because of doing that job over an extended period of time, no matter to whom I complained. UPS was the one who insisted on running short-handed so they could make a production number. I have no control over that. UPS should shoulder some blame here.
Why should I lose a full time job because of their decisions? I do believe they should take care of their own. I could do something at UPS. IF they chose to give me another job. Why shouldn't they have to give me something I could do? They are to blame.

 

[UnconTROLLed]

Why shouldn't they have to give me something I could do? They are to blame.

I think it is because it would set a legal precedent, all-the-while thousands of overworked, frankly breaking down and injured UPS'ers would jump on the lawsuit train. They fight everything and give nothing back, because anything else wouldn't be trying.

 

[menotyou]

I am not talking about suing. I am talking about a job. Shutting air from airport, OMS clerk, something. I want to work.

 

[UnconTROLLed]

I am not talking about suing. I am talking about a job. Shutting air from airport, OMS clerk, something. I want to work.

OH, right. I guess it may be cheaper for them to not bring you (or anyone injured on-job) back, maybe some ins liability there that is more expensive than WC? Don't have much knowledge in that area, myself.

Have you been cleared to work in any capacity? Are you on disability right now collecting anything? Do you have a thread I can read all of this?

 

[menotyou]

UPS is self-insured.

 

[UnconTROLLed]

UPS is self-insured.

That is true. Are you sure it is UPS not allowing you to work, or perhaps whatever org (state?) that oversees WC and UPSs self insured policies? Could it be possible that it is cheaper, over time, for UPS to not allow you to work and keep you on WC, paying out of their ins funds?

 

[menotyou]

Of course, its cheaper. I am/was a full time driver. Now, I am collecting on a part-time injury. It is UPS that will be the one denying me work, possibly. It hasn't come to that, yet. But, I do see it coming. Sad part is, I cared a lot about my co-workers and even some of the bosses. I enjoyed my customers very much. I have a very strong work ethic and take great pride in it. That isn't something you can easily replace.

 

[dannyboy]

OK, UPS and Albany are not the same thing. While UPS pays into workers comp, the state controls who gets what and when, and how the rules are dished out. UPS has to play by their rules.

Why should I lose a full time job because of their decisions? I do believe they should take care of their own. I could do something at UPS. IF they chose to give me another job. Why shouldn't they have to give me something I could do? They are to blame.

First off, you have not lost the full time job, you are assuming you have, even by your own words.

Secondly, you really dont have much experience at UPS, do you? Think about it logically. UPS creates you your full time job. What happens when you have done this job now for 30 or 60 days? Got a clue?

The job gets put up for bid, and has become a permanent job. That means that anyone with more seniority than you gets to bid on it, and after the bid, you no longer have a job, and UPS is hooked with a job they dont need or want, all because they "played" nice with you and """gave you a job""". And that is how the game is played.

As for you wanting life on easy street with your injury, that was not the point of the post. I dont know you, so I cant say what it is you are looking for. My point is that the worker never ever comes out on top when they are injured and lose their job, or even if they dont, they have pain and other problems that the money cant cover. The worker never wins in an injury.

That was my point.

d

 

[menotyou]

UPS pays for lobbyists who buy drinks for the senators in Albany. That is the way politics work here in NY. Those lobbyists buy things for the senators and in the end buy influence. Influence to change comp laws in their favor. That is my point about UPS and Albany. Same as in Washington.
I have clearly stated what I want. I want to work. That is all I want.
I have worked at UPS for 8 years, starting as a preloader unloading feeders for a year. Cover loaded the 2 heaviest areas in the building. PAS came and I became DA, and the AM clerk. I went to driver school and started shuttling air and working preload. Then, I got the air gig to the airport every morning. A full time job came up in 2009, and I was the next in line with a clean license. That is my experience.
This thread started with questions about an accident report. It evolved like most threads do.
I just went through the bid cycle, even though I am out on comp.
I realize that the worker never wins. My point was I am mad about it. Thats all. I am mad. Not at you or anyone else here.
I am just spouting because it feels really good right now. Sorry if I offended anyone.

 

[dannyboy]

UPS pays for lobbyists who buy drinks for the senators in Albany. That is the way politics work here in NY. Those lobbyists buy things for the senators and in the end buy influence. Influence to change comp laws in their favor. That is my point about UPS and Albany. Same as in Washington.

UPS is not the only one that dumps money in their laps, Unions are a great donation cow as well. And it is because of the union and its rules that UPS can not provide you with a special job to accommodate your injury.

Many years ago, we had a driver that had been at UPS for 25 years or so. Developed diabetes. Had to take insulin. Got pulled off road because of the problem.

UPS made him a full time job out of two part time. The union agreed that the job would never be a bid job, that when he was sick or on vacation, the job would be performed by two part timers, and when he retired, the job would no longer exist, and become two part time jobs again.

But the union is no longer willing to work with UPS to take care of employees, so why should UPS even try.

My suggestion to you is max out your rehab, get into the best physical shape you can, then go for whatever job you can do. If it is not driving for UPS, your world will not come to an end, unless you quit on life.

Best of luck

d

 

[menotyou]

I have too much spunk to do that!! Thank you.

 

[UnconTROLLed]

UPS is not the only one that dumps money in their laps, Unions are a great donation cow as well. And it is because of the union and its rules that UPS can not provide you with a special job to accommodate your injury.

Actually I believe the NTL contract reads as follows:
'Employer will treat employees with dignity and respect...with due consideration for the age and physical condition of the employee"

Also, our supplement has language that states 'any proven illness or injury shall not result in the loss of seniority rights'

 

[dannyboy]

Also, our supplement has language that states 'any proven illness or injury shall not result in the loss of seniority rights'

Thats all good and nice. But that seniority right does not mean UPS has to provide you with a job, now does it. IF you can no longer do what your job classification demands you do, then they dont have to make a job for you. Yes, if there is a job you can do, and you have the seniority to bid that job, you have every right. But what good is your seniority if UPS does not have a job you can do that you could bid on.

Seniority only works if you can work.

As far as treating you with respect to your age and condition, how far are you thinking UPS will stretch that language? To the point of creating thousands of jobs just for the crippled employees? Not as long as the union will not budge on the bidding process, which includes seniority issues, nothing changes.

d

 

[dannyboy]

One additional thought for you. We had a driver that was taken off the road. He bid into a 22.3 job, but only was able to make that move by accepting the pay difference between the two.

So yes, he had the seniority to move into that position, but had to take a pay cut to do so.

d

 

[UnconTROLLed]

Thats all good and nice. But that seniority right does not mean UPS has to provide you with a job, now does it. IF you can no longer do what your job classification demands you do, then they dont have to make a job for you. Yes, if there is a job you can do, and you have the seniority to bid that job, you have every right. But what good is your seniority if UPS does not have a job you can do that you could bid on.

Seniority only works if you can work.

As far as treating you with respect to your age and condition, how far are you thinking UPS will stretch that language? To the point of creating thousands of jobs just for the crippled employees? Not as long as the union will not budge on the bidding process, which includes seniority issues, nothing changes.

d

Menotyou is not crippled...points taken. The bid processes and seniority are better explained with supplements, don't tell me you know all of 'em, maybe you do though.

 

[hondo]

Why should I lose a full time job because of their decisions? I do believe they should take care of their own. I could do something at UPS. IF they chose to give me another job. Why shouldn't they have to give me something I could do? They are to blame.

My thoughts on the subject of 'accommodation' jobs, based on what I've seen and heard here:

• I've seen part timers working jobs due to medical restrictions, but it appeared to me they also had enough seniority to have those jobs otherwise.
• I know former drivers now with inside jobs to accommodate their restrictions. Their full time jobs are as Dannyboy described: the jobs will disappear when they leave the company.

The impression I've gotten is that those full timers were taken care of for 2 reasons:

1. The ADA was newly enacted, and has since become less generous: either by court rulings or by amendments to it. I haven't really studied it, just the way it seems to me.
2. The mindset of the of the company was different. Pre-'97 strike, pre-IPO.

 

[UpstateNYUPSer(Ret)]

UPS is not the only one that dumps money in their laps, Unions are a great donation cow as well. And it is because of the union and its rules that UPS can not provide you with a special job to accommodate your injury.

Many years ago, we had a driver that had been at UPS for 25 years or so. Developed diabetes. Had to take insulin. Got pulled off road because of the problem.

UPS made him a full time job out of two part time. The union agreed that the job would never be a bid job, that when he was sick or on vacation, the job would be performed by two part timers, and when he retired, the job would no longer exist, and become two part time jobs again.

But the union is no longer willing to work with UPS to take care of employees, so why should UPS even try.

My suggestion to you is max out your rehab, get into the best physical shape you can, then go for whatever job you can do. If it is not driving for UPS, your world will not come to an end, unless you quit on life.

Best of luck

d

d, this is not necessarily true. We had a driver who had 12 injuries in 12 years and 3 Tier III's. UPS and the Union worked together to create an Art 22.3 job for her. This job cannot be bid on and will be dissolved when she is no longer with the company.