Forced off TAW

Returntosender

Well-Known Member
If you go out comp, doesn't it cost the company more money. They pay LM and LM than pay's you?

In my operation they keep people on TAW, cause it's cheaper to pay the weekly salary, than the thousands of dollars a day to keep you on comp.
 

bumped

Well-Known Member
Talk to your Local, and file a grievance. If someone is on TAW after 30 days....

The position would be considered permanent job, and then subject to Local bidding procedures.



-Bug-

This is why I don't believe this story. The company knows exactly how many days an employee is on TAW. They would never let in get past 30 days much less 65 days.
 

mreed171

Active Member
They say that they can't do anything. Guess it is time for a lawyer. Still waiting on Liberty Mutual to schedule my knee surgeries.
 

barnyard

KTM rider
They say that they can't do anything. Guess it is time for a lawyer. Still waiting on Liberty Mutual to schedule my knee surgeries.

If you know you are having surgery, that is way TAW was stopped. TAW is supposed to be a path back to work. You will be needing surgery, PT and all that before you can attempt TAW again.
 

Mugarolla

Light 'em up!
Those numbers might be part of the answer why you are being pushed onto comp. Management might have come to the conclusion that you are irreparably damaged and that you will end up on workman's comp anyway.They might feel that they might as well get you into that program now as opposed to the inevitable(their belief) later so that it can play out to the end and you are on the sidelines with your lump sum payout from the comp fund( down the road).

Management only puts people on TAW to avoid going into the workman's comp fund which raises UPS's rating with the fund(i.e how much they have to pay into it per period). They might feel you are going into it no matter what so they might as well stop paying you money for sitting in a rubber room.


This is a possibility but it is all conjecture on my part. I don't know every circumstance of this situation
UPS does not pay into the Workers Comp fund. They are self insured. They try to avoid the lost time injury because of OSHA, not Workers Comp.
 

Mugarolla

Light 'em up!
If you can perform the taw...you are allowed up to 30 days TAW before they can force you out on comp. Similar thing happened to me....DM and Safety Manager above DM kept pushing for me to go out on comp after 14 days of TAW...until I contacted an attorney. Talk to your BA and steward...BA should have the name of a comp lawyer for you to call.
That 30 days is a regional issue. Where I am it is 14 days of TAW. Can only be extended with the approval of the local union.
 

Mugarolla

Light 'em up!
If you go out comp, doesn't it cost the company more money. They pay LM and LM than pay's you?

In my operation they keep people on TAW, cause it's cheaper to pay the weekly salary, than the thousands of dollars a day to keep you on comp.
No. They keep you on TAW to avoid a lost time injury. A lost time injury affects their numbers with OSHA.
 

Mugarolla

Light 'em up!
This is why I don't believe this story. The company knows exactly how many days an employee is on TAW. They would never let in get past 30 days much less 65 days.
Yes they would. Been there, seen it. Almost 3 months on TAW. I let it go because the employee was OK with it. It finally ended when I asked the center manager to bid the job since it has been in for 30 days.
 
O

OLDMAN3

Guest
Get a lawyer now. If you do end up getting only $561 a week the guy who hit you (or his insurance) might have to make up the difference in wages not to mention pain and suffering etc. etc.

But workers comp law is complicated and if you end up with a permanent impairment, you will most definitely need a lawyer.

I would not trust Liberty Mutual one bit, as evidenced by countless stories on this forum. Protect yourself.
 

barnyard

KTM rider
Read up on your state's comp laws. You may not need an attorney. Some states (like mine) provide a WC case worker that advocates for you and makes sure that the employer and insurer follow the law. The case worker also watches to make sure that you are doing the PT and following Dr's orders.

You are going to have surgery, so TAW no longer applies in your case.

If you do choose an attorney, choose carefully. The attorney will probably work on a contingency and you should be entitled to the difference between comp and your wages, plus if you get a state mandated settlement due to a maximum medical improvement of less than 100%, your attorney will take a chunk of that also.
 
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