Getting jerked around?

Integrity

Binge Poster
Ha Ha Ha, now that's a laugh.

Originally Posted by Integrity
Dear Mr. Boston,
Have you reported this to you CHSP Hourly Co-Chair? It is the hourly Co-Chair's responsiblity to help represent you and to see that each employee is properly treated when they have an on the job injury. I hope you feel better, being injured really stinks.


My advise to you is you keep a green marble notebook and document all of this stuff daily as it happens and ask for a copy of any UPS injury/accident report that pertains to this injury.

Sincerely,
I


Dear stevetheupsguy,
Why is this funny?
Sincerely,
I
 

Integrity

Binge Poster
That isn't the way it usually works, so I find your statement amusing. BTW, you can call me Steve if you like, though STUG is reserved for friends.

Steve,
I think you are being too kind. It rarely if ever happens. To me it is sad and disgusting because the Safety Committee Member Handbook, and the Co-Chair training would lead one to believe that an hourly member is immediately dispatched to an accident or injury scene giving the false impression that the Safety Committee is part of the accident/injury prevention process from the initial stages of each incident.
Sincerely,
I
 

chopstic

Well-Known Member
I agree but what if the employee, as chopstic claims, is directed to work, despite valid written medical restrictions? Aren't we always told "work as directed, grieve later"? Your suggestion could be taken to be a form of insubordination.

Just to be clear, I am not 100% sold that chop is telling us the whole story.

I guess it depends on what the medical restriction says. Mine said something about avoiding strenuous activities that could result in back injury. So in a way it may have been slightly subjective.
 

UpstateNYUPSer(Ret)

Well-Known Member
I guess it depends on what the medical restriction says. Mine said something about avoiding strenuous activities that could result in back injury. So in a way it may have been slightly subjective.


Medical restrictions are most effective when they specify weight limits and are task specific. Medical restrictions which are general in nature lead to the confusion which you encountered.
 
The injury happened on 12-30, and after four weeks, I have FINALLY some intelligent information. I have returned to the same doctors office three times, trying to get them to understand that this is not a basic sprain. On my third visit, the doctor (third different doctor) agreed that there was more going on than merely a sprain, and ordered an MRI. I went in for the MRI on Monday, and the doctors office called yesterday and informed me that the MRI indicated torn ligaments and that they have made me an appointment with an orthopedic surgeon for next Monday. Looks like I'm in for a long haul. All of my fellow drivers have been calling foul by management ignoring the restrictions and pressing me to work on the ankle. They are saying that coupled with my obvious injury, and the journal of the daily events I've been keeping, that I should seek legal advice. What is the consensus of the readers of this posting?
 

Integrity

Binge Poster
The injury happened on 12-30, and after four weeks, I have FINALLY some intelligent information. I have returned to the same doctors office three times, trying to get them to understand that this is not a basic sprain. On my third visit, the doctor (third different doctor) agreed that there was more going on than merely a sprain, and ordered an MRI. I went in for the MRI on Monday, and the doctors office called yesterday and informed me that the MRI indicated torn ligaments and that they have made me an appointment with an orthopedic surgeon for next Monday. Looks like I'm in for a long haul. All of my fellow drivers have been calling foul by management ignoring the restrictions and pressing me to work on the ankle. They are saying that coupled with my obvious injury, and the journal of the daily events I've been keeping, that I should seek legal advice. What is the consensus of the readers of this posting?

Dear Mr. Boston,
I agree with your fellow drivers.
Sincerely,
I
 
Unfortunately, or more appropriately, I have never had to be in this position before, referring to being injured this seriously while on the job. I do feel wronged, in that I've been forced to work on this injury with the fear of being fired for being "insubordinate", or not "working as directed". So to the crux of my question is this: How do I move forward with this legal action? My local is so weak, and I have received Zero input from them. I'm so angry with them that I feel robbed of my dues every month.
 

grgrcr88

No It's not green grocer!
Dear Mr. Boston,

I am very sorry to hear about your injury and do hope for a speedy recovery, if you are told you need surgery please see more than one surgeon and get their opinion before proceeding. Work comp does allow for a second opinion.

As for your frustration with your local Union, I do not know your story fully nor the extent of your requests to your local, but work comp cases are really not the Unions responsibility, they may be able to give you some advise on situations, but they are not involved in the actual case. If you feel the need to proceed with legal procedings make sure you get a good lawyer with lots of work comp experience.

As for the working with the restrictions, you are never required to follow any instruction(by anyone) that is illigal, UNSAFE
 
Dear Mr. Boston,

I am very sorry to hear about your injury and do hope for a speedy recovery, if you are told you need surgery please see more than one surgeon and get their opinion before proceeding. Work comp does allow for a second opinion.

As for your frustration with your local Union, I do not know your story fully nor the extent of your requests to your local, but work comp cases are really not the Unions responsibility, they may be able to give you some advise on situations, but they are not involved in the actual case. If you feel the need to proceed with legal procedings make sure you get a good lawyer with lots of work comp experience.

As for the working with the restrictions, you are never required to follow any instruction(by anyone) that is illigal, UNSAFE

Thank you. We are so pressed by our management from a day to day basis, that many of our drivers feel that our jobs are literally hanging by a thread. So that is the explination for my working as directed. In regards to my local, this goes back to where this thread began, regarding my split start times for the TAW. I have contacted them twice, both times with the same results of they'll get back to me.
I am certain to get a second opinion, and this one I plan to push for a specialist of my choosing. Thank you for your help.
 

stevetheupsguy

sʇǝʌǝʇɥǝndsƃnʎ
The injury happened on 12-30, and after four weeks, I have FINALLY some intelligent information. I have returned to the same doctors office three times, trying to get them to understand that this is not a basic sprain. On my third visit, the doctor (third different doctor) agreed that there was more going on than merely a sprain, and ordered an MRI. I went in for the MRI on Monday, and the doctors office called yesterday and informed me that the MRI indicated torn ligaments and that they have made me an appointment with an orthopedic surgeon for next Monday. Looks like I'm in for a long haul. All of my fellow drivers have been calling foul by management ignoring the restrictions and pressing me to work on the ankle. They are saying that coupled with my obvious injury, and the journal of the daily events I've been keeping, that I should seek legal advice. What is the consensus of the readers of this posting?
Make sure you get a second opinion and remember that you should know about your Dr before he/she performs any surgeries.

Unfortunately, or more appropriately, I have never had to be in this position before, referring to being injured this seriously while on the job. I do feel wronged, in that I've been forced to work on this injury with the fear of being fired for being "insubordinate", or not "working as directed". So to the crux of my question is this: How do I move forward with this legal action? My local is so weak, and I have received Zero input from them. I'm so angry with them that I feel robbed of my dues every month.
Contact a reputable work comp lawyer and let him/her do all of the fighting/arguing for you.
 

chopstic

Well-Known Member
Contact a reputable work comp lawyer and let him/her do all of the fighting/arguing for you.
Check with your local union rep, over here teamsters provides us a general purpose attorney. And we get an allotment of attorney hours free of charge. I've never used it myself, but a guy at work used it after an auto accident (non-work related), and he said he didn't end up paying anything at all for his services.
 
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