Work while injured?

Cementups

Box Monkey
That makes Feeders sound more desirable to me.
I'm eligible to join anytime I want, but enjoy the delivery part, vacations, seniority, and day shift better.

I contemplate it every day. I have enough seniority though I should still do ok in most respects if not all. It may be a guarantee for me to go in the next 2 years. Our OMS is retiring and she basically is the glue that holds our center together. I call her Elmer. Once she leaves, I'm probably going to bounce my fat :censored2: to feeders.
 

Benben

Working on a new degree, Masters in BS Detecting!
A stress fracture isn't actually a broken bone, it's stress of all the tendons, ligaments, muscles and bones that is caused by doing an action repeatedly.

Wrong! Ligament would be a sprain. Muscles and tendons would be a strain. You can not "fracture" those.

A "stress fracture" is the layman's term for an avulsion fracture (spelling is off-too many years since school). This is where the tendon has pulled away from the bone taking some of the bone with it. Bet'cha this week's check the Doc took an x-ray and didn't see anything so he/she slapped a boot on it and said come back in 2-3 weeks. Expect an MRI if there is no change in 3 weeks. I suggest you find a good lower extremity Orthopedist.
 

DOK

Well-Known Member
Tell him to file for disability and for unemployment and enjoy the time off and heal properly. The doctor has told him he can work with restrictions but UPS has refused so he is eligible for unemployment.

*note, UPS will never let an employee have alternative work if the injury was caused off the clock. You're (He's) an insurance liability at that point.
This^^. Disability and unemployment will mean a nice time off to heal and both of those added together should equal 40 hours take home pay.
 

Cementups

Box Monkey
This^^. Disability and unemployment will mean a nice time off to heal and both of those added together should equal 40 hours take home pay.

I collect unemployment right now for an out of work injury. The state of PA pays me $513/week ($573 but I withhold 10% for taxes.). I was denied disability due to the nature of my accident but it usually pays $250/week. So it would normally be ~$823/week to sit at home and get better. Not bad for not working.
 

Nevermore1

Active Member
Thanks everyone. I'll have him look into unemployment but here in VA it doesn't look like this would qualify for it.

There are no breaks in any of his bones, 3 Dr's have reviewed his x-rays. It all musculature.
 

Cementups

Box Monkey
Thanks everyone. I'll have him look into unemployment but here in VA it doesn't look like this would qualify for it.

There are no breaks in any of his bones, 3 Dr's have reviewed his x-rays. It all musculature.
If you're willing to come in and work in some capacity and your employer denies you, they are essentially laying you off. He should be applicable.

Good luck
 

Holydriver

Well-Known Member
damn lady, get a job and take some of the pressure of your broken ass husband. the dude is dealing with the pain of a stress fracture and you want him to go work more? damn..
 

Mugarolla

Light 'em up!
If you're willing to come in and work in some capacity and your employer denies you, they are essentially laying you off. He should be applicable.

Good luck

Not true. If he is a feeder driver, and cannot due the job because of an injury, he stays on disability.

He is not eligible for unemployment. He is eligible for disability.
 

Cementups

Box Monkey
Not true. If he is a feeder driver, and cannot due the job because of an injury, he stays on disability.

He is not eligible for unemployment. He is eligible for disability.

I am a driver. Injured off the job. I am eligible (but denied because of the nature of my accident) for disability. I do collect unemployment though. He would get both. We have drivers all the time that collect both when they go out for surgeries.

Please don't tell me I'm wrong when I am in involved in a similar situation.
 

Mugarolla

Light 'em up!
I am a driver. Injured off the job. I am eligible (but denied because of the nature of my accident) for disability. I do collect unemployment though. He would get both. We have drivers all the time that collect both when they go out for surgeries.

Please don't tell me I'm wrong when I am in involved in a similar situation.

Good to know. Did not know you could collect unemployment and disability at the same time.

According to some law firms, each one may cut you off because you are collecting from the other.

http://www.nolo.com/legal-encyclope...fits-unemployment-benefits-the-same-time.html
 

Mugarolla

Light 'em up!
Good to know. Did not know you could collect unemployment and disability at the same time.

According to some law firms, each one may cut you off because you are collecting from the other.

http://www.nolo.com/legal-encyclope...fits-unemployment-benefits-the-same-time.html

To clarify, it looks like you are correct and you may be able to draw both as long as you can perform some sort of work, even if you can't perform your normal job.

Quoted from the referenced nolo.com link.

"Those who receive LTD benefits under an "own occupation" policy (or during the first 24 months of a hybrid policy) might well be able to show that they're "ready, willing, and able" to perform some type of work, even though they can no longer work at their previous job. In this case, they could collect LTD benefits and unemployment benefits at the same time."
 

brownmonster

Man of Great Wisdom
99 percent of our package drivers will have lifelong physical problems because of repetitive requirements of this job.

my ankles hurt every morning. my knees hurt. my lower back hurts. my left hip hurts. my fingers hurt.

every day . and i did things by the book for 25 years.
99% is a little high. 37% maybe.
 

35years

Gravy route
The injury was most likely caused from using the clutch while driving at work but it's obviously not something that is easily proved. Any insight or recommendations?

Since you feel the injury is work related consider carefully the possible ramifications of not pursuing this as a work related injury.

If he does not completely recover and is unable to drive in feeders, you will be forfeiting any permanent settlement.

He may recover fully but may latter be plagued by many re-occurrences causing substantial loss of income by taking the disability payments rather than WC. Plus the injury may latter become a permanent one.

In many States your repetitive work injury does not have to be the only cause of the injury to receive worker's Comp...Only that his repetitive job duties are a significant contributing factor.

Your husband should see his own doctor so that the doctor does not have a conflict of interest (because UPS sends the doctor business).

Have him discuss immediately with doctor (without a UPS manager present) the possible work related nature of his injury.

Contact your State Workman's Comp office. (many have helpful experts who can help you navigate the claim process).

Consider retaining a good Workman's Comp attorney since you and UPS disagree on the nature of the injury. Your teamster local may have an attorney on retainer that can help you free of charge, or may help you find an attorney who has dealt successfully with UPS claims.

The insurance company representing UPS will try to deny your claim even if your doctor classifies it as Workman's Comp. But there are penalties and deadlines if they go that route...if his injury is truly work related. Persistence will be needed!

Time is of the essence, there are deadlines depending upon your State, to file a first report of injury incident report. Additionally, States have rules concerning switching doctors etc.

Good luck!
 
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