Workers compensation

Discussion in 'UPS Discussions' started by blackbear67, Oct 11, 2012.

  1. blackbear67

    blackbear67 New Member

    I was wandering if anyone ever had to deal with work comp insurance company for a settlement or kept receiving benefits when ups says they don't have a position for you with their doctors restrictions? How it worked out or what option you took. they said the insurance comp will send me to little petty jobs to try and lower pay.
     
  2. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    There are numerous threads on here regarding this exact issue. Do a search you find tons too read. Only thing I'll say is if you are having any kind of problems with comp hire a comp attorney asap.
     
  3. Fred1221

    Fred1221 New Member

    I have a different question about worker's comp.

    I will retire in 3 weeks. I twisted my knee at work yesterday and will be off work next week returning on the following Monday. If I was to require surgery or other medical care as a result of this accident in the future after my retirement, will it still be considered Worker's Comp.

    If so, will I receive my pension during my recovery, or will I have to accept only worker's comp. benefits which would be less than my pension.

    thanks
     
  4. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    You are only going to be off work for a week. You need to be off for two weeks or more before comp kicks in. My first thought is the injury would be covered by comp and all medical bills would be paid by comp. You would not receive any financial compensation to replace lost wages as you wouldn't have any wages to replace. Your pension would not be affected by comp.

    New York Workers Compensation and Retirement
     
  5. Bubblehead

    Bubblehead My Senior Picture

    ...but you might be considered partially disabled depending on the severity of the injury and your recovery.
    This could qualify you for a portion of your social security benefits before you reach the prescribed age.
    Definitely file the report and get a workers comp claim number, just in case.
    I would also get a comp lawyer on the case the instant anything escalates.
    Good Luck and congrats on your retirement.
     
  6. menotyou

    menotyou bella amicizia

    He'd be unable to retire, I would think, as long as he is under the comp umbrella. He'd get $650 a week in NY, if I remember the changes correctly. I would take to the BA, and get a lawyer ASAP!
     
  7. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    If a worker "voluntarily" retires from his/her job, that worker's right to compensation benefits may terminate if the worker is not also considered to be “totally disabled.” The insurance carrier may argue that the partially disabled worker who retires voluntarily has removed him/herself from the labor market and is no longer entitled to weekly benefit payments. In such a situation, the Workers' Compensation insurance carrier may be judicially released from liability for Wage Replacement or Reduced Earnings payments (but not medical benefits) perhaps until the worker goes back to work, if ever. In fact, the worker who has been found to have voluntarily removed him/herself from the labor market may never be able to regain eligibility for weekly benefits, depending on the facts of the claim.
     
  8. menotyou

    menotyou bella amicizia

    Did you just respond, again? Score!
     
  9. menotyou

    menotyou bella amicizia

    I would still ask my BA and attorney for advice on how to proceed. If it's a work claim, he has every right to all the benefits that claim provides.
     
  10. dilligaf

    dilligaf IN VINO VERITAS

    I'm on work comp. UPS refused to let me work because I was a lost time injury. So I sit at home and collect. I have not had to work at any other job.
     
  11. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler


    I would suggest finding examples of "company favorites" who received light-duty when in a similar predicament to yours, and taking the necessary steps to ensure you receive fair/equal treatment.
     
  12. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    You are going to get a multitude of answers here and most likely get more confused than you might already be. Comp laws are different in most states and as you can see here most of us are from different states. My advice would be find a good workers comp attorney in your area and go talk to him/her. Your case seems a little complicated and an attorney will be the only one who knows exactly what needs to get done in your best interest. There are a lot of armchair comp attorneys here(myself included)who can give great advice for"THEIR"area but that's really about it. To be honest if you were in my state I would have no idea how to deal with "YOUR" situation it is an unusual case.

    Good Luck!
     
  13. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    One more thing. Definitely file a report and get a case #.
     
  14. saramay

    saramay Junior Member

    you know they will fight it
     
  15. ymelord

    ymelord Active Member

    I'm not sure what I would do in this situation?
     
  16. Newfire

    Newfire New Member

    Hello all, I am a new member to this site and a 26 year fulltime inside employee from Ohio. This is my first attempt at a post so bare with me and please help me if make some mistakes. I suffered a possible career ending knee injury and been on comp for 10 months ever since microfracture surgery was done to try and repair a broken tibia plateau and severe meniscus damage. Originally, injury was in 2009 Ups paid for MRI, cortizone steroid shots, and some therapy, that went on for over 15 months until the knee completely broke down then they said no to surgery. I hired attorney after 8 months of stress and bull sh## and ups folded and gave the ok for surgery. Anyway the advice I need from any ups'ers is if ups won't accomodate me with some form of job duties for me to return to work with a partial disability rating and some job restrictions issued by the knee surgeon will HR and/or our self insured provider try to offer me a settlement to leave the company? My attorney is a highly rated worker comp specialist but i'm not sure he wants to go after a large settlement against ups. Maybe it's just me and my stress thinking that but he says to just ride it out. Any previous experience's or info would be greatly appreciated.
     
  17. trickpony1

    trickpony1 Well-Known Member

    Newfire-
    I've known of people with hip and/or knee replacements who have returned to work.
    Why do you think you will have a problem?
    The company is trying to "freeze" you. Don't get stressed or anxious.
    I think your attorney is right. He has probably seen worse cases if he is highly rated like you say.
     
  18. Newfire

    Newfire New Member

    Thanks for replying trick pony. Knee surgeon said by getting cortizone shots and continuing to work at the pounding pace for over a year the tibia bone never healed and the MRI's and xrays never revealed the fact that my meniscus was snapped in half right where the tibia plateau was cracked. All the shot's and pain pills did was get me by. In his own word's "you broke it then beat it to death" he has told over the past 10 months since the microfracture surgery, which only worked about 50% as hoped, to keep my options open on a desk job. They won't do a knee replacement cause i'm 44 yrs old. So now I feel like HR is pushing me towards the door right along with my casenurse she has been trying to get me rated for MMI for past 3 months. I'm afraid if they rate me with any % of dis. I will be done forever at ups.
     
  19. barnyard

    barnyard KTM rider Staff Member

    You need to read up on Ohio's comp laws.

    I am off comp, while on comp, I read up on my state's comp laws, what pertained to me and what did not. Comp laws vary from state to state, so my situation is different than yours.

    The only people that can help you on this site are people familiar with Ohio comp law.

    Knowledge is power.
     
  20. Newfire

    Newfire New Member

    It at least feels good to talk with other ups'ers who know what kind of unfathomable amount of physical labor some of us have done. I thought I made a difference you know 26 long devoted years and yes I have been paid very well and good bene's. But wow has it been earned and a lot of the general public and people we know in our live's think were just sh#ttin em when we say that. But now here I am a very profitable workhorse for the parcel now being sent to the glue factory. Ill try to remain positive and I'll check for more feedback from any of you. Thanks for bringing me into the cafe circle I will try to get better at posting and navigating the site.