Workers comp question?

Bad Gas! · 02-02-2008, 06:53 PM

I went out with a back injury during peak after mnay months of working through pain.I made the mistake of going to my own" doc in box" a week before on job injury because you catch so much grief about injuries that I tried to patch it up myself.Now, I find myself having to explain why I had an off-job injury turn into workers comp..Anybody been through this?

upswrench · 02-02-2008, 07:52 PM

The day you were injured on the job it should have been called in. Even if you kept working this could have helped the situation. We had a guy fall off stack table, called it in, and six months later had to have surgery on his knee and there was never any questions about it, workers comp covered his lost time. bottom line is if you come to work healthy and you are ready to leave and you are hurt this needs to be reported and called in. STOP trying to be a hero and help the company by working injured because when the chips are down they will ask the same questions you are being asked now. It's a business and they pay for workers comp for this reason they are not going to understand what you were trying to do they are just looking for a way to put you on disability, and not have a workers comp claim.

As far as your situation I can only say that workers comp is not going to pay because they will tell you it was a off the job injury and disabilty will not want to pay because you probably reported it as an on the job injury good luck

Bad Gas! · 02-03-2008, 01:41 AM

Thanks for your reply.The thing is.This is a progressive injury.I've been a driver for over 25 years.The wear and tear is finally breaking me down.There is no official injury date except when like you said,I reported healthy and worked all day on it.....Your right about I should have reported the soreness leading up to the injury that has put me out.It's crazy.But I will have to fight this.The job is what injured me.I see drivers all the time trying to get the quick fix without W-C and it works.Unfortuately, it didn't pan out in my case.I had one doctor with no treatment on my own..

UpstateNYUPSer · 02-03-2008, 04:17 AM

Hindsight is always 20/20, so your focus should not be on what you should have done but instead on what you need to do from this day forward to ensure your physical health first and your financial health second.

This thread should be a wake-up call to all of us to make sure that we report all injuries in a timely manner. This should also prompt those of us who do not have supplemental health/accident insurance (AFLAC/Combined) to check these products out so that, if something should happen to you, you will have financial protection in place. I have Accident/Sickness/Health/Disability insurance policies through Combined which cover me 24/7, on or off the job, which pay above and beyond what Comp and BC/BS pay. I pay approx. $100/month for this piece of mind. I do not have the disability insurance protection offered by my credit card companies, as these are a waste of money, nor do I have disability protection for my mortgage, which is something that I am reconsidering.

dillweed · 02-03-2008, 04:19 AM

This one may be difficult since you've waited so long to claim it as comp.

I can't see where going to your own doctor should mess it up if he/she said it was from the work you do. However, it probablly should have been reported to the company as such right off the bat.

Even though they stress the "no injury" deal and sometimes make you feel like a leper for getting injured they DO insist that you report it as soon as you know about it. You didn't know until you went to your own doctor. I'd give this one a good fight but don't know how to tell you to do that. Play it by ear and if things don't look good call an attorney who specializes in worker's comp cases. Most will give you some guidance without charge. And a even a modest charge would be well worth it if you can claim the injury. Best of luck and don't feel ashamed for getting hurt. It happens to a great many of us in this line of work.

trplnkl · 02-03-2008, 04:32 AM

Can't speak for your part of the country, but in my State, by law, you have 10 calender days to report an on job injury. I know the UP$ policy says same day, however law trumps company policy.

Bad Gas! · 02-03-2008, 12:26 PM

Thanks for your thoughts.I have found a wc/firstadvice sie that helps piece of mine for me and future injuried late reporters ...I am not saying mine was preexisting because I did have a injury put me out day///anyway here's what the site said: Employment Labor Law - Workers Comp - General Workers Comp Questions
Page 31 of 40
Can I get workers’ comp if I had a medical problem before my injury?

Pre-existing medical conditions are considered in determining the causal relationship of a work-related injury. But if a pre-existing medical condition becomes aggravated, accelerated or exacerbated by a work related injury the workers' compensation carrier is usually responsible for the increased disability, including medical treatment.

If you sustain a work-related injury to a previously injured part of your body, regardless of whether the previous injury was work-related, you will not be barred from recovery under any state’s workers’ compensation system. Similarly, if you are in an accident which aggravates or accelerates a pre-existing physical condition, such as arthritis, a back condition or a prior surgery, you are still entitled to all the rights and benefits provided by the workers’ comp law in your state.

cantwin69 · 02-04-2008, 08:02 AM

My advice to injured workers is to report it right away!! I was injured in Sept '07 and reported it to my sup immediately. After telling him what happened he told me no to worry, he'd allow me to leave before anyone else did. Actually he accused me of "faking" it first and then said I'd be able to leave early. Being a dedicated worker, and a newbie (only there a year at the time) I worked while injured for an hour using only one arm. Long story short, I now have severe nerve damage called RSD which has currently spread from my shoulder to my face, arm, hand, skull. It is starting to "mirror" itself to the other side of my body. I guess it can do that. For example if you get it in your left hand, overtime, it can go to your right. Weird, I know. Anyway, my skin turns a bright purple with white dots and it burns like a severe sunburn. It is an absolute nightmare that I wouldn't wish upon anyone - EXCEPT THE

SUP WHO DIDN'T OFFER ME MEDICAL CARE!!

dillweed · 02-04-2008, 11:10 AM

Quote:

Originally Posted by cantwin69

My advice to injured workers is to report it right away!! I was injured in Sept '07 and reported it to my sup immediately. After telling him what happened he told me no to worry, he'd allow me to leave before anyone else did. Actually he accused me of "faking" it first and then said I'd be able to leave early. Being a dedicated worker, and a newbie (only there a year at the time) I worked while injured for an hour using only one arm. Long story short, I now have severe nerve damage called RSD which has currently spread from my shoulder to my face, arm, hand, skull. It is starting to "mirror" itself to the other side of my body. I guess it can do that. For example if you get it in your left hand, overtime, it can go to your right. Weird, I know. Anyway, my skin turns a bright purple with white dots and it burns like a severe sunburn. It is an absolute nightmare that I wouldn't wish upon anyone - EXCEPT THE

SUP WHO DIDN'T OFFER ME MEDICAL CARE!!

cantwin - RSD is nasty. My husband had his sympathetic nerve cauterized and that finally relieved some of the pain. Find yourself a good pain specialist.
Did UPS not allow you to go to a doctor or did you go and they gave you the runaround on the RSD?
Do you have an attorney and can you appeal this case? Your time limit may not have run out yet and yours will be a lifelong condition.

brownbiker · 02-04-2008, 12:49 PM

I've worked at the house of pain for twenty-one years and have had many personal injuries. Always report all injuries to the man AS SOON AS THEY HAPPEN. You don't have to see the doctor. You can fill out the personal injury report as medical info only. As a "repeat offender" the company has made my employment hell. I'm one of the best drivers in my center and loved by my customers. The company treats me like a liability. They follow me with their video recorders on the job. I'm pulled into the office bi-annually to tell them how I'm going to not get hurt again yet am over dispatched daily. Don't let the brain washed management intimadate you. Any UPS employee reading this is obligated to tell every new driver in your operation about the dangers of not reporting injuries!!!! They will screw you and your family into the ground if you don't C.Y.A..

cantwin69 · 02-04-2008, 01:16 PM

Quote:

Originally Posted by dillweed

cantwin - RSD is nasty. My husband had his sympathetic nerve cauterized and that finally relieved some of the pain. Find yourself a good pain specialist.
Did UPS not allow you to go to a doctor or did you go and they gave you the runaround on the RSD?
Do you have an attorney and can you appeal this case? Your time limit may not have run out yet and yours will be a lifelong condition.

Well UPS via my supervisor didn't offer any treatment when I first reported the injury. As I said, my sup thought I was faking it. I think working for that hour may have caused the nerve damage. I go to a doctor twice a week (I'm currently under the care of four different Drs.) I have been on Comp since November and they seem to be taking care of me so far. I'm in Extreme pain all the time now. It feels like my skin is on fire! It's very hard to wear clothing because the slightest touch, or breeze for that matter, causes pretty bad pain. So as it stands now, my shoulder injury has to be put on hold until they can get my RSD under control enough so I can resume Physical Therapy. I had a Stellate Ganglion Block last week with no success.

The weirdest thing is that after the block I began stuttering while speaking. I spent my weekend in the emergency room. Once on Sat. and again on Sunday. They thought it might have been a stroke. The MRI of my brain was fine so the attribute the stuttering to anxiety. Does your husband have RSD? Is there hope for me??

02-04-2008, 01:38 PM

Quote:

Originally Posted by Bad Gas!

I went out with a back injury during peak after mnay months of working through pain.I made the mistake of going to my own" doc in box" a week before on job injury because you catch so much grief about injuries that I tried to patch it up myself.Now, I find myself having to explain why I had an off-job injury turn into workers comp..Anybody been through this?

You're going to have a problem no matter what advice you get here.

You fill out an accident report and state that at 10:30am on January 4, 2008 you were stepping into your package car and felt something 'give' in your knee and now it hurts and you can't walk on it - then you won't have a problem.

You start talking about "months ago something happened and I hurt something and I think it's worse now, even though I can't really remember what initially happened or what the issue was" and you're going to be screwed royally. And rightly so - too many Teamsters have been milking the OJI BS like it's an entitlement.

They run around building ponds or houses on the side and injure themselves doing that and limp into work and pretend they were injured on the job so someone else pay$ for it.

Luckily they trip themselves up - or better yet, their GF or wife rats them out eventually - and they get fired for theft and the state prosecutes them for WC fraud.

That's a good start, IMO. If you feel like you're under a microscope and being accused of lying you should walk up to your nearest Teamster co-worker and shake his/her hand - they're why you're in the position you're in today. Now you know.

dillweed · 02-04-2008, 02:30 PM

Quote:

Originally Posted by cantwin69

Well UPS via my supervisor didn't offer any treatment when I first reported the injury. As I said, my sup thought I was faking it. I think working for that hour may have caused the nerve damage. I go to a doctor twice a week (I'm currently under the care of four different Drs.) I have been on Comp since November and they seem to be taking care of me so far. I'm in Extreme pain all the time now. It feels like my skin is on fire! It's very hard to wear clothing because the slightest touch, or breeze for that matter, causes pretty bad pain. So as it stands now, my shoulder injury has to be put on hold until they can get my RSD under control enough so I can resume Physical Therapy. I had a Stellate Ganglion Block last week with no success.

The weirdest thing is that after the block I began stuttering while speaking. I spent my weekend in the emergency room. Once on Sat. and again on Sunday. They thought it might have been a stroke. The MRI of my brain was fine so the attribute the stuttering to anxiety. Does your husband have RSD? Is there hope for me??

Have your doctors explained RSD or have you checked into it online, say Mayo Clinic site? Might not hurt to ask them about the sympathetic nerve.

RSD is often caused by blunt force trauma as in my husband's knee. Can you rember falling, getting hit or running into something just prior to when the pain began?

Casey · 02-04-2008, 03:04 PM

I had an injury that I failed to report until 2 months after it happened and was able to beat UPS in court. I injured myself delivering packages and tried to self medicate by using ice and a brace and praying that after Christmas some rest would heal but it didn't. I reported injury 2 months later and was told I could not fill out accident report because I failed to report it in a timely manner. I got a work-comp lawyer and was able to get it fixed. I won on the basis that my injury was a ongoing and continuing injury as a result of my repetitive movements. Yes legally you only have 10 days to fill out accident report unless you can prove other circumstances which will give you alot more time to report injury. My advice would be to try to fill out accident report ASAP and then get a work comp lawyer. It took me a year to win my work comp case, but it can be done.

Bad Gas! · 02-04-2008, 06:23 PM

That's alsome Casey.Way to go.I see so many upper forty,lower fifty drivers just a slight bad day away from the injury bug.And if you don't think it will happen to you, I hope your right...But it can.. ..For every 15 at-a-boys it only takes one ah-shoot to erase it away..

Bad Gas! · 02-04-2008, 06:26 PM

Cantwin69///....I've never heard of that rare injury disorder.That really sucks bad and I am sorry you have had to suffer so much..That's just crazy..I'll pray for you brother..

cantwin69 · 02-04-2008, 06:57 PM

Quote:

Originally Posted by dillweed

Have your doctors explained RSD or have you checked into it online, say Mayo Clinic site? Might not hurt to ask them about the sympathetic nerve.

RSD is often caused by blunt force trauma as in my husband's knee. Can you rember falling, getting hit or running into something just prior to when the pain began?

Yeah I've read a lot about it and I have 2 doctors who specialize in it. In my case, I felt something "snap" in my shoulder. I reported it within 1 minute of it occurring. My sup was walking toward me on the sort aisle ready to ask me if I thought I could handle sorting 3 unloaders rather than the two I had been sorting. That's when I told him. The first thing out of his mouth was, " Are you faking it?" I said no, and that I could barely move my arm. He patted me on my good shoulder and said," Don't worry, I'll let you go home first tonight" I continued working (with 1 arm mostly) for another hour. By the time I got home I couldn't move it at all, it took until December to get diagnosed with RSD. That's about it. They said you could get it a lot of ways like a cut or, as you said, blunt force. Mostly people with broken bones get it. I suspect mine was brought on from using my arm for that extra hour.

cantwin69 · 02-04-2008, 07:04 PM

Quote:

Originally Posted by Bad Gas!

Cantwin69///....I've never heard of that rare injury disorder.That really sucks bad and I am sorry you have had to suffer so much..That's just crazy..I'll pray for you brother..

Yeah lots of people haven't heard of it, a lot of doctors don't recognize the symptoms and will diagnose you with something else. They say it usually will take three to four different doctors until you get the correct diagnosis. In my case, I think it was by the 5th doc that they finally got it right.
Thanks so much for your kind words, they really mean a lot to me and are VERY much appreciated. I've got a great wife and the best boys in the world so I'm lucky. I know a lot of people are a lot worse off than me, so I'm grateful for the things I do have.
Peace.