Workers compensation question

Discussion in 'FedEx Discussions' started by RTURNSONLY, Sep 15, 2012.

  1. RTURNSONLY

    RTURNSONLY Member

    HELP! Who can shed some light about this dilema??? Can anyone tell me what's the difference of having a work-related illness/injury covered under workers comp versus, not reporting it, and taking care of it on your own, with your own medical insurance? What I'm basically trying to get at is what are the pros and cons of each option.

    A couple of friends at work told me that they got their work-related illnesses taken care "out of pocket" (no claim filed), due to:
    1) workers comp claims limited to company-appointed doctors only, and
    2) those company doctors usually try to rush the employee back to work.

    Is it true that under workers comp you cannot decline TRW in the event the doctor releases you to return to work with limitations? As far as loss of income benefit, I was told it represents exactly the same money amount regardless which route taken.

    I might be wrong, but I feel that if one get hurt on the job it should be reported and always go the workers comp way, especially if the illness is serious enough and there is a slight possibility one might end up unable to return to the same position or in the worse case scenario, disable for life. Also, (and someone please correct me if I'm wrong), I think that if a lawsuit against the company eventually becomes necessary for that injury or illness, there has to be a workers compensation case on file first. I do appreciate all responces and input .
     
  2. vantexan

    vantexan Well-Known Member

    You might want to go the official route for the reasons you stated. You'll want a paper trail proving it happened on the job. You can always go get a second opinion if you feel you are being pushed to return to work too soon.
     
  3. STFXG

    STFXG Well-Known Member

    When you report an injury your personal insurance will almost always ask if it happened on the job. They don't want to pay a claim they aren't liable for. If they ask and you say it didn't happen on the job then you could get nailed for insurance fraud.
     
  4. hypo hanna

    hypo hanna Well-Known Member

    Very true.

    The problem with workers comp at least in my stae, is that it's generally run by law firms that specialize in denying the claims or otherwise find ways to cut back on treatment. Inferior doctors, delayed treatment and harrassment are the norm. I know a guy (not FedEx) who fell at work and broke his ankle. By the time the WC system was done with him he was broke from being on reduced income for over a year and almost lost the foot.
     
  5. menotyou

    menotyou bella amicizia

    Do it the right way. If you were injured on the job, you must report it as such. In NY, they can't force you to use their doctor. Their doctor only assesses your rating of disability. Your doctor does all the diagnosing and any referrals that might be needed. You get 66% of your pay up to $650 a week, paid bi-weekly and tax-free. Get a lawyer. They are free.

    Having a paper trail, as vantexan suggests, is imperative. If something arises in the future because of that injury, you are covered. They pay. As they should. My injury was because of UPS' lack of hiring and insistence of using a system that is prone to producing a repetitive injury. That is their fault. Just lazy, as far as I am concerned. The guy doing the job I was injured on has a bad shoulder now. That was the first symptom I had, as well. The system is flawed.

    TRW would be a blessing to some, as you get your regular pay. Not a reduced award. If you get a disability rating of any type, your employer might not let you back. Be careful.

    If you accept worker's comp, you can't sue for damages-unless you can prove it was intentional in nature.
     
  6. DOWNTRODDEN IN TEXAS

    DOWNTRODDEN IN TEXAS Active Member

    Workers comp is the greatest thing ever provided for workers, right after their paycheck. Wow, got through that with a straight face. Workers comp is a good tool, but the down side is that the company doctors are just like Fred's HR people, there for the company and not the employee. I felt rushed to get back to work when I injured my shoulder, both by the docs and the lack of pay, 70% just doesn't pay 100% of the bills. What gets me is the treatment that our provider provides starts off the same....muscle relaxer, anti-inflammatory, and another pill. I got the same 3 prescriptions for a shoulder injury, a pulled muscle in my back and sprained ankle. Then comes physical therapy, which in some cases helps and in some it does more damage than just resting.
     
  7. Rhoderunner

    Rhoderunner Active Member

    Workers Comp laws likely differ from state to state. Check into the laws for your state. That said you should always report it and go thru the workers comp system for the reasons already stated. Created a file in case of future problems with the injury, collect your disability check tax free, and hire a lawyer experienced in workers comp (in my state this is free, paid for by workers comp) to help you wade thru all the BS. You will have DRs, labs, your managers, and different FedEx depts calling to the point of harassment. Turn it all over to the lawyer and just recover.
     
  8. fedexnyc

    fedexnyc New Member

    I will be going out on comp next month for an on the job injury that requires surgery.Fedex doctors don't have a lot to do with it.If this is an injury to a knee or shoulder it's pretty cut and dry.However,first thing you should do is hire a compensation lawyer.They don't charge any money up front.They will go to all your hearings for you,and fight with the insurance companies if need be.They take 10 percent of your settlement after your hearing is closed but its well worth it.
     
  9. RTURNSONLY

    RTURNSONLY Member

    Correct me if Im wrong, but it is my understanding you need a lawyer only if you end having to file a lawsuit, but do you still need one if Fedex is cooperating and taking care of your injury as required by law?

    Here in Florida, the company appoints the doctor(s) that will treat you and one cannot choose who you'll see.
     
  10. menotyou

    menotyou bella amicizia

    Here, in NY, it's wise to get one from the get-go. At some point, they will lower your award via the info from their dr. Your lawyer will go to court and get your award re-instated to full. Not to mention, there are some horrible case managers. Your lawyer will deal with them. But, if you feel you are being fairly treated, then it is your call. Especially, if you were injured and the injury is fixable. A knee or shoulder is an easy fix and, if the company is doing right by you, you shouldn't need to go to court.
     
  11. fedexnyc

    fedexnyc New Member

    If there is a percentage of loss to the body part injured you will get a very nice cash settlement which does involve the lawyer going to court so you dont have to.
     
  12. menotyou

    menotyou bella amicizia

    Actually, comp judges want to see you. And, if you take a settlement, the attorney and Medicare get a size able chunk($60,000 out of the offer I was given a couple years ago-notice I said offer). Thats if you won't be going back to work.
    While you are trying to do therapy to get back to work, they will try and cut your pay. been on this merry-go-round for 5 years in NY. Still TTD. Temporary.

    Oh, yeah! If your injury is something other than spinal in nature, any monies Paid out have to be paid back out of your 'settlement'. My injury is spinal, so TTD matters. Whether or not you go back to work, that's how NY works.
     
  13. Rhoderunner

    Rhoderunner Active Member

    Surgical scar money settlements might available. A experienced lawyer will get you the max as opposed to that low ball over the system will throw at you. Many reasons to get a workers comp lawyer.
     
  14. RTURNSONLY

    RTURNSONLY Member

    I hear you guys, loud and clear! Appreciate all the info offered and the excellent advise provided.
     
  15. MrFedEx

    MrFedEx Engorged Member

    File the case. Never be intimidated into not filing by FedEx. This has got to be one of the worst companies out there in terms of screwing workers over on completely legitimate, work-related injuries. If your injury is permanent, get a lawyer, because they will offer you a pittance.
     
  16. Mr. 7

    Mr. 7 The monkey on the left.

    Yup.
    FedEx class #1, always blame the (FedEx) worker for any injury or on the road occurrence.
    Time to lawyer up!