Workers compensation

[twoweeled]

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.

keep an eye on your attorney. I have a similar experience. because of a back injury, UPS was saying that I could not return back to work. UPS is in many cases able to dictate to workman's comp what they want done. anyway before I knew work, I was on to vocational training. I suspect my attorney wasn't fighting it, because the amount of disability would have been greater. it seems as though my attorney wasn't concerned with my good and welfare, but more concerned with a higher rate of disability, which keep in mind in California he gets a certain percentage of that. me returning to work with a lower percentage of disability would have rendered my attorney less dollars. I'm responding on my phone, so I hope this makes sense. in closing, I would just say, be careful.

 

[downtown]

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.

They won't do knee replacement because you 44. I am 43 and had a total hip done two years ago because of the job. I think you need to talk to your doctor a little more and explain that you'll worry about the knee wearing out when your too old to work, thats the way I put it to my doctor as he wanted me to look for other employment.

 

[InsideUPS]

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.

WHY is it.... that each and every UPS Teamsters Local across the U.S. does not have our own proven Workers Comp Attorney working on a "contingency" basis? I have seen so many issues with Workers Compensation over my 34+ years at UPS. Each and every employee seems to be left on their own to fight Workers Comp related injuries. Having ONE EXCELLENT proven UPS Workers Comp attorney at each Local would be an excellent benefit of being a UPS Teamster.

The following are my recommendations when you incur a work related injury:


1) Follow the injury reporting procedures without fail. IF for some reason you sustain an injury but fail to report it for any reason that day...."make that injury happen" the next day under "similar" conditions AT WORK....then report it. While I am a firm believer in honesty....this is one case where I have seen UPS Workers Comp representatives deny claims for not reporting the injury on the day that it incurred. The truth is that many UPS employees are intimidated from reporting injuries because of the intense scrutiny the employee faces when he or she does report an injury. We have had supervisors accompany injured workers to exams and demanding that they be in the room DURING the exam. That type of behavior is an EXTREME invasion of PRIVACY.

2) See YOUR doctor and let them know that it is a work related injury. The manner in which YOUR doctor charts the injury can "make or break" your case during a Workers Comp hearing. NOTE: You will be forced to see the "Company" doctor also.

3) Definitely get a Workers Comp Attorney on your case as many have recommended on this site. I had one Workers Comp case in my history at UPS. I naively attended the hearing WITHOUT an attorney because I was told that this was an "informal hearing". BS......it was anything but an informal hearing. UPS had a variety of representatives including lawyers. NEVER AGAIN will I ever be unprepared for UPS.
NOTE: MAKE SURE you get a GOOD attorney. NOT ALL Workers Comp attorneys are created equal. Ask around your center to those employees that went through Workers Comp injuries...

4) If ANYONE thinks that UPS is a safe place to work.....you may want to think again. The day after day.....year after year forces on your body are going to takes there toll on your health The following article says it best....

Along with the increasing number and proportion of part-time jobs, the working conditions inside the “hubs” (UPS’s warehousing and distribution centers) became increasingly intolerable during the 1990s. UPS was long known to maintain a “totalitarian workplace” where supervisors relentlessly pushed and harassed their workers for greater productivity.[SUP]5[/SUP] “Oz” Nelson is said to have described the company’s management style as “a combination of the Marine Corps and the Quakers.” The inevitable result of this relentless pursuit of increased productivity was UPS’s rank among companies with the highest injury rates in the industry. In the early 1990s, the Occupational Safety and Health Administration (OSHA) issued more than 1,300 citations for safety violations—more than one-third deemed serious. UPS was also fined $3 million, in one of the biggest OSHA cases of the decade, for its failure to protect workers from hazardous materials.[SUP]6[/SUP] In 1993 alone, UPS had nearly 14 injuries for every 100 full-time workers, compared to the industry average of 8 injuries for every 100 full-time workers, according to the Bureau of Labor Statistics. UPS paid out nearly a million dollars a day in workers’ compensation.[SUP]7[/SUP] Things got worse in 1994, after UPS, without negotiating with the union, unilaterally raised the weight limit on individual packages from 70 pounds to 150 pounds. The Teamsters called a short strike to protest this move in February 1994, but failed to push back the weight limit.

 

[oldngray]

" The Teamsters called a short strike to protest this move in February 1994, but failed to push back the weight limit."?
It was a wildcat strike, not called by the union. UPS agreed to several things to bring workers back, then later of course ignored all promises.

​

 

[balland chain]

UPS is the master when it comes to making promises and then reneging on all of those "promises", who is the DIS-HONEST ONE ??? UPS, any guess' ?? Look in the MIRROR...

 

[balland chain]

Get an attorney, good luck..

 

[balland chain]

Once the UPS doctor releases to you go back to work, is ( I think) when they can stop paying you. Then all you can do is go back and try to do the job. I dont know of any desk jobs at UPS any more. The only thing you can do, if you have your time in, is retire early. GL

 

[balland chain]

If that attorney is not prepared to go to bat for you against UPS, get another attorney. If you feel you can do your job, by all means go back and show them you can do the job now that you are repaired. If you are unable to do your job, UPS doctor will give you an impairment rating. I am not sure about all states, but you should be able to get a second opinion. If both doctors feel you can not do the job, you will get a disability rating, and then be bought out. Each state is different, so check with your states industrial commission for the impairment charts that dictate what UPS is liable for. Take a deep breath because it will be nowhere near your potential earnings at UPS.. If you are fortunate enough to have your time in, retire early and take the settlement money if there is any... Best of luck....

 

[Newfire]

Orthopedic surgeon has rated me MMI. I am getting a 2nd opinion from another ortho doc. TTD payments have been cutoff. I've been off work on comp for 12 months and 1 week. Does any one know if I am eligible for short term or long term dis. I am getting runaround from HR and Aetna which is to be expected I guess.

 

[Asskicker]

Don't leave the company if that's not what you want. They have to place you in a position that you can handle or find you another job...maybe outside UPS and pay the difference in pay up to your pay rate now. Definitely stick it out and get another attorney if this one isn't working out. There is a guy in our building who had the same issues. They actually created a job so he could come back. This was before and combo jobs existed. His job cannot be eliminated on him or he can not be bumped out of it. It is there until he retires. Fight, fight, fight on. Don't settle for anything unless YOU are happy with the decision because it will be final. Good luck and keep us posted.

 

[ibleedbrown]

have you asked ups for a less physically demanding job such as small sort slide, porter, car wash, clean up, a clerk job etc etc. or how about driving feeders? working for ups for 26 years you can retire now or tough it out a few more years to make your 30. wish you the best and hope it all works out for you.

 

[barnyard]

You need an attorney.

Unless any of the other posters are familiar with Ohio comp law, they could be giving you horrible advice.

 

[Newfire]

Thanks for the info. and encouragement it is needed and appreciated. I have good attorney but as you guys all know the comp laws help the employer way more than they help the injured worker. Dont get me wrong our comp bene's are far better than most companies. Do any of you know if I can still draw short term dis or long term dis even though its an on job injury? Ups will not let me come back to work with being deemed mmi and having perm restrictions. I have 2nd opinion coming soon and I need more work done on this knee to be functional especially at ups work pace. I want fixed not only to try and finish career but to be able to play with my little kids and live a semi normal life. Any info is much appreciated and it helps my lawyer build his case.

 

[UpstateNYUPSer(Ret)]

Comp benefits are based on your weekly wage and have nothing to do with where you work.

STD/LTD are for injuries sustained off the job.

 

[Big Babooba]

Comp benefits are based on your weekly wage and have nothing to do with where you work.

STD/LTD are for injuries sustained off the job.

Partially true. Comp benefits are based on your average weekly wage and where you work has a lot to do with what you get per week. In Massachusetts, you get 60% of your average gross wage for the 52 weeks prior to your injury. However, the minimum you can get is $234.61/week and is capped out at $1173.06/week. (these rates are in effect from Oct 1, 2012 through Sept 30,2013). If you are able to work at light duty, you get 75% of the 60%.

 

[UpstateNYUPSer(Ret)]

When I wrote "where you work", I was referring to the company, not the state. My bad for not clarifying that.

 

[Johney]

The best advice is to listen to your attorney, the advice you will get here will spin you in circles. Only because every state has it's own comp laws. So looking for advice here is like asking which came first the chicken or the egg. If you say your comp attorney is good , then do what he or she tells you to do period. Good luck my friend you may need it.

 

[Newfire]

Thank's for the info. guys Aetna rep told me today I do not qualify for short term dis since I have not worked in the past 12 months. Even though in my area ups counts up to 40 weeks or 1801 hours towards your pension for time off due to on job injury also employee time off for on job injury up to one year counts toward vacation. So some vaca pay will help out until 2nd opinion doc decides whats next for me and the bad knee. Thanks to all of you for listening and giving your advice and opinions, it's nice just to be heard and have some fellow upsers listen and respond. I have not pursued the ADA paperwork yet waiting until after 2nd opinion is done, I've heard it's near impossible to qualify for ADA at least in my area anyway but being the good sinner that I am I will continue to pray pray pray and listen to my attorney.