Driver not able to return to work because not 100% and workmans comp is suspended.

[Jeanclaude]

I was injured on the job two years ago. The injury required an ankle fusion surgery. My ankle did not heal back enough for me to be 100% to return to work. I can walk but for no longer than twenty minutes at a time. My workmans comp is suspended and I cannot return back to work. Two years ago when I was injured I reported my injury within ten minutes. Supervisors failed to complete the required task of doing an injury report and continued to work me even after having knowledge of my injury. Eventually I could not perform my duties as a driver and had to get medical attention from my own doctor and was threatened with disciplinary action for insubordination for not being able to come to work due to my ankle injury that had progressively worsened after the initial injury date which by this time had been almost two weeks. This has been a long and drawn out process and I had every intention of getting back to work. Now my options are next to none. If anybody out there has any input on what the formalities are in dealing with this situation their input would be greatly appreciated. I am in my late thirties and have been an employee for going on eight years. Thanks

 

[Catatonic]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

I was injured on the job two years ago. The injury required an ankle fusion surgery. My ankle did not heal back enough for me to be 100% to return to work. I can walk but for no longer than twenty minutes at a time. My workmans comp is suspended and I cannot return back to work. Two years ago when I was injured I reported my injury within ten minutes. Supervisors failed to complete the required task of doing an injury report and continued to work me even after having knowledge of my injury. Eventually I could not perform my duties as a driver and had to get medical attention from my own doctor and was threatened with disciplinary action for insubordination for not being able to come to work due to my ankle injury that had progressively worsened after the initial injury date which by this time had been almost two weeks. This has been a long and drawn out process and I had every intention of getting back to work. Now my options are next to none. If anybody out there has any input on what the formalities are in dealing with this situation their input would be greatly appreciated. I am in my late thirties and have been an employee for going on eight years. Thanks

Lawyer up and/or learn office skills.

 

[DS]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

2 years ago? What have you been doing to make money?
​

 

[UpstateNYUPSer(Ret)]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

2 years ago? What have you been doing to make money?​

He has been working at I-Hop.

 

[moreluck]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

.....as a one-legged waiter!!

 

[UpstateNYUPSer(Ret)]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

He has been working at I-Hop.

.....as a one-legged waiter!!

The point was inferred in my post---you did not need to add to your post count with yet another "quality" post.

 

[moreluck]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

For folks to respond the way you like........this would be Dave's Café. Last I looked, IT WASN'T !!!!

 

[pitdog]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

sounds like myself, only i had a back fusion followed by a hardware removal. have you received ttd for the last 2 years? definitely get a lawyer if you haven't already. i'm going on 3 1/2 years, mainly because nothing ever gets approved in a timely matter, regardless if you've proven your case or not. good luck!

 

[pitdog]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

once you are at MMI (max medical improvement) you'll have foregone an FCE (functional capacity eval.) and you will be given restrictions, after that you should receive a letter from UPS regarding the americans with disabilities act from HR. again...good luck

 

[pitdog]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

well after speaking with my lawyer, it's protocol to receive the ADA paperwork but i won't be accomodated. awesome

 

[Ouch]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

I'm going thru that now. Congatulations

 

[Ouch]

Re: Driver not able to return to work because not 100% and workmans comp is suspended

well after speaking with my lawyer, it's protocol to receive the ADA paperwork but i won't be accomodated. awesome

I know workers comp varies from state to state. My lawyer here told me the ada has nothing to do with the law. The law states you shall be returned to meaningful employment in a timely manner. The ada is just there to make sure if you go back to work that ups is accomodating your restrictions and following the law. Im not a lawyer but a ups driver but I wouldnt fill out the ada paperwork as it only prolongs things. Its not mandatory and I know it says on the paperwork at anytime if you feel you cant do your job call this number. Its ups's way of prolonging not paying or settling with you. Also here you can by law request a 60 day advance on your settlement and by law here you are entitled to it. Liberty mutual will not volunteer that info to you. Definitely get a lawyer.