Work Injury

[Re-Raise]

Have you had surgery for your injuries? What are the prospects for recovery?

 

[Johney]

All from the same injury? I had lower back surgery 15 years ago, recieved a payout to settle the claim, and retured to driving in less than 3 months.

What you got was a MMI (maximum medical improvement) settlement which is based on your now disability rating. You have to go back and see what the Dr. gave you as a disability rating. Most claims are not settled unless you resign, but that is also based on what state your in and the comp laws.

 

[Re-Raise]

What you got was a MMI (maximum medical improvement) settlement which is based on your now disability rating. You have to go back and see what the Dr. gave you as a disability rating. Most claims are not settled unless you resign, but that is also based on what state your in and the comp laws.

He asked whether he should accept the settlement offer. It is hard to answer without knowing how disabled he is or what other jobs he might be able to perform if he resigns at UPS.

 

[menotyou]

Why do I think Tie is cewa?

 

[Johney]

Why do I think Tie is cewa?

Or a troll because I doubt Liberty would offer that type of payout for those injuries. Also you are not supposed to discuss what you got paid out.

 

[Johney]

should i take the ups buyout?

Here's what I don't understand settlements are usually done in mediation with you and your attorney(if you have one) in one room and a UPS rep and their attorney in another room,so did they offer you this settlement and tell you to go home and think about it? Something doesn't make sense. But to answer your question "YES" take the offer.

 

[menotyou]

Considering the amount I was offered, and turned down, was about half (@ 66% disability), take the money and run! I am choosing another surgery to, hopefully, fix my neck so I can go back. I don't want a settlement.

 

[menotyou]

Oh, the settlement offers are faxed to your attorney, who calls and asks what you want to do. The offer then comes in the mail about 2-3 days later.

 

[UpstateNYUPSer(Ret)]

Oh, the settlement offers are faxed to your attorney, who calls and asks what you want to do. The offer then comes in the mail about 2-3 days later.

This is one topic that I know very little about. What kind of conditions are usually associated with a settlement? Are you still able to draw your pension (if you are vested) when you reach normal retirement age? Can you also draw SS disability? What do you about healthcare coverage at that point?

 

[menotyou]

You can draw. You can get SSD. Health care from UPS stops one year and three months after going out. Medicare is a two year wait.

 

[UpstateNYUPSer(Ret)]

So the only downside, other than a permanent injury/disability, is loss of future earnings, which I assume the settlement is supposed to partially compensate for.

Is the 2 year wait for Medicare from date of settlement or from the date UPS stops paying for health care?

 

[menotyou]

From the date you finally figure out you can file Medicare and do it. The settlement offers, in NY, are all called scheduled, even if it's your back now. 95% disability determination gets you 95% of your 'total award', which is the weekly rate you get when you first go out. I think top end here is $650 a week. 95% gets you your 95% award for about 10 years. You are expected to look for work, too. Liberty will try and get you to take a settlement. At 95%, you looking at about 170,000. Out of which, your Medicare buyout comes(about 35%). Your lawyer gets 10-15%. You get left with all you are gonna get. Lovely system.

 

[menotyou]

I forgot to add- you do NOT have to take the settlement. You can get your bi-weekly checks for the length of what the law allows. Your lawyer gets none, neither does Medicare.

 

[UpstateNYUPSer(Ret)]

I forgot to add- you do NOT have to take the settlement. You can get your bi-weekly checks for the length of what the law allows. Your lawyer gets none, neither does Medicare.

...and what happens then?

 

[menotyou]

YoU are left with SSD. Til you draw. Sucks. Insurance companies own Albany.

 

[Johney]

Here settlements are based on your future medical cost's that's it and your attorney gets a cut of that 10 to 15% sounds about the same here. Of course you must resign if you accept and are cut off from insurance but can still receive your pension.

 

[happybob]

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.
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

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.


It only takes the company doing this for one employee for it to be considered precedence. That's why they tried to eventually take that job away from him and make him bid a 22.3 job.
Read more: http://www.browncafe.com/forum/f72/work-injury-337768/index2.html#ixzz2jk2YlwjU

 

[UnconTROLLed]

Just a little update:

I don't know what should be discussed and what shouldn't, regarding the legal stuff. The company and the union have been reasonable regarding this injury since, which is good.

I've had on and off pain and discomfort, mostly because when the knee was twisted, it was actually dislocated and the "socket" received unusual wear and tear that wouldn't have occurred otherwise. That was the finding from the MRI and the third-party doctor.

Unfortunately, the problem remains that future knee pain or issues (which are a guarantee) are not covered by the original injury report through the DOL. (according to what I have heard), I will have to file new injury reports for any future problems, and UPS will succinctly deny all responsibilities -and I'll be left with the medical bills. That's from the attorney.

 

[Catatonic]

Just a little update:

I don't know what should be discussed and what shouldn't, regarding the legal stuff. The company and the union have been reasonable regarding this injury since, which is good.

I've had on and off pain and discomfort, mostly because when the knee was twisted, it was actually dislocated and the "socket" received unusual wear and tear that wouldn't have occurred otherwise. That was the finding from the MRI and the third-party doctor.

Unfortunately, the problem remains that future knee pain or issues (which are a guarantee) are not covered by the original injury report through the DOL. (according to what I have heard), I will have to file new injury reports for any future problems, and UPS will succinctly deny all responsibilities -and I'll be left with the medical bills. That's from the attorney.

The universal rule of injuries kicks in ... the injured never wins in the long run.

 

[UnconTROLLed]

The universal rule of injuries kicks in ... the injured never wins in the long run.

Well I think "win" is not a proper term, as there is no competition or "game" in this. Point taken though.