Injured-need advice

cantwin69

Well-Known Member
Well, after working tonight I am seriously considering getting a lawyer. From the moment this happened I only wanted it to be over quickly and with no tension between mgmt and myself. I read the union contract on Monday and learned I was entitled to a copy of my injury report within 48 hrs of requesting it. I requested it Mon night when I got to work and the safety mgr said he would have it for me Tues night. I talked to him tonight (tues) and he said I can look at it but he doesn't have to give me a copy. I told him what I read in the contract and - get this - He says," Tell whoever is telling you these things that it's against company policy to give that out." I said," No one needs to "tell" me anything. I have two eyes and have reading comprehension skills. He says he's not giving it to me and that I need to find a Union Steward. I was also informed I would not be getting paid for the vacation time I used during the first week of my injury. I WAS a company man and somewhat skeptical of what the union would do for me. I am now well aware of how important the union is and I will be doing all I can to let all the new hires know what is really "up" with UPS management.
Thanks for letting me get that off my shoulder. Get it? SHOULDER.
I'm glad I can still joke. We'll see how silly I am in a week or so.
 
Read your contract book my man!Everything you need to know is in there.Get in touch with the locals saftey or your shop stewart and make sure you call in an injury at the time it happens.You 1st notify your sup the you call it in.They will try to talk you out of it"like in metro ny"all the time,but it is there policey.As for your comp proplems like mri and such get a comp lawyer make sure when you call it in they give you the claim number.Liberty mutual knows the drill.READ YOUR CONTRACT BOOK!Knowledge is the key
 

LKLND3380

Well-Known Member
Well, after working tonight I am seriously considering getting a lawyer. From the moment this happened I only wanted it to be over quickly and with no tension between mgmt and myself. I read the union contract on Monday and learned I was entitled to a copy of my injury report within 48 hrs of requesting it. I requested it Mon night when I got to work and the safety mgr said he would have it for me Tues night. I talked to him tonight (tues) and he said I can look at it but he doesn't have to give me a copy. I told him what I read in the contract and - get this - He says," Tell whoever is telling you these things that it's against company policy to give that out." I said," No one needs to "tell" me anything. I have two eyes and have reading comprehension skills. He says he's not giving it to me and that I need to find a Union Steward. I was also informed I would not be getting paid for the vacation time I used during the first week of my injury. I WAS a company man and somewhat skeptical of what the union would do for me. I am now well aware of how important the union is and I will be doing all I can to let all the new hires know what is really "up" with UPS management.
Thanks for letting me get that off my shoulder. Get it? SHOULDER.
I'm glad I can still joke. We'll see how silly I am in a week or so.

Contact your Union BA... Explain all that has happened and what you want/expect to happen...

As far as you getting a copy of the injury repot... I am not sure and would have to read up on that, do you have the article number?

I know you are entitled to review EVERYTHING in your employee records and entitled to a copy of everything. BUT YOU MUST PAY FOR THE COPIES...

If they are violating the agreemnet file a grievance...

Don't waste your vacation time on this injury... THAT IS WORKMANS COMP...

You were injured and UPS made you continue to work while injured INSTEAD OF DOING AN INJURY REPORT... They were more concerned with packages per hour instead of taking you off the belt to get proper treatment of your injury.
 

helenofcalifornia

Well-Known Member
Again, get a lawyer and your problems will diminish greatly. Sad, but true, UPS sometimes only respond to might, rather than the lowly worker. Get a steward who knows what they are talking about or a driver who does. You shouldn't be working if you are injured. I can tell you are young and fresh at UPS because seasoned veterans at UPS wouldn't be going through this. This is a rookie mistake that most of us all go through. Believe me when I say if this ever happens to you again, you will do things a whole lot different. Good luck and either ortho up or lawyer up.
 

cantwin69

Well-Known Member
Again, get a lawyer and your problems will diminish greatly. Sad, but true, UPS sometimes only respond to might, rather than the lowly worker. Get a steward who knows what they are talking about or a driver who does. You shouldn't be working if you are injured. I can tell you are young and fresh at UPS because seasoned veterans at UPS wouldn't be going through this. This is a rookie mistake that most of us all go through. Believe me when I say if this ever happens to you again, you will do things a whole lot different. Good luck and either ortho up or lawyer up.

You're right I am/was fresh. Only 10 months in. You're right about the lawyer too.
That's first on my agenda tomorrow. I have finally realized I have absolutely no other option. I thought I wouldn't need to but they really have given me no other option.
 

cantwin69

Well-Known Member
Contact your Union BA... Explain all that has happened and what you want/expect to happen...

As far as you getting a copy of the injury repot... I am not sure and would have to read up on that, do you have the article number?

I know you are entitled to review EVERYTHING in your employee records and entitled to a copy of everything. BUT YOU MUST PAY FOR THE COPIES...

If they are violating the agreemnet file a grievance...

Don't waste your vacation time on this injury... THAT IS WORKMANS COMP...

You were injured and UPS made you continue to work while injured INSTEAD OF DOING AN INJURY REPORT... They were more concerned with packages per hour instead of taking you off the belt to get proper treatment of your injury.


I am now involved with my steward who, by the way, is one of the coolest guys I've met at UPS. I feel like part of a burden has been lifted, like I finally have someone on my side. I have read the entire Master Contract. Cover to cover.

ARTICLE 14. Compensation Claims
When an injury is reported the reference number will be given to the employee and WHEN REQUESTED, A COPY OF THE INJURY REPORT WILL BE FURNISHED TO THE EMPLOYEE WITHIN (2) TWO WORKING DAYS OF SUCH REQUEST. A COPY OF THE INJURY REPORT WILL ALSO BE FURNISHED TO THE LOCAL UNION IF REQUESTED BY A LOCAL UNION OFFICIAL.

I requested the report Monday night and tonight, Wednesday it still wasn't provided. I printed out Article 14 and brought it to the safety manager.
His exact words were," I still can't give it to you because like the Bible, this contract is open to interpretation" He then says he interprets article 14 in a different way. I later learned his District Safety Sup told him not to give it to me. I'm now ready to fight them in every way needed.

I met with my steward after this and he says it seems pretty cut and dry.
I filed three grievences tonight and feel like the fight has begun.
#1. Not providing the injury report within the two day period.
#2. I filed for penalty pay because I learned it could be a couple of weeks till I get that vacation check.
#3. I filed to be paid for the time I spent after my shift at my doctor.
ARTiCLE 14 Section 1
....UPON RECEIVING THE AN EMPLOYEE'S TIMELY REPORT OF AN INJURY, THE EMPLOYER SHALL NOT PRESSURE THE EMPLOYEE TO WORK. WHEN, BECAUSE OF SUCH PRESSURE, AN EMPLOYEE SPENDS TIME IN A CLINIC AFTER HIS NORMAL FINISH TIME, THE TIME SPENT SHALL BE THE SUBJECT OF A PAY CLAIM THROUGH THE GRIEVANCE PROCEDURE.

Knowledge is power.
 

LKLND3380

Well-Known Member
I am now involved with my steward who, by the way, is one of the coolest guys I've met at UPS. I feel like part of a burden has been lifted, like I finally have someone on my side. I have read the entire Master Contract. Cover to cover.

I am glad to hear your steward is helping... This is why we have a Union contract and pay dues...
 

LKLND3380

Well-Known Member
ARTICLE 14. Compensation Claims
When an injury is reported the reference number will be given to the employee and WHEN REQUESTED, A COPY OF THE INJURY REPORT WILL BE FURNISHED TO THE EMPLOYEE WITHIN (2) TWO WORKING DAYS OF SUCH REQUEST. A COPY OF THE INJURY REPORT WILL ALSO BE FURNISHED TO THE LOCAL UNION IF REQUESTED BY A LOCAL UNION OFFICIAL.

I requested the report Monday night and tonight, Wednesday it still wasn't provided. I printed out Article 14 and brought it to the safety manager.
His exact words were," I still can't give it to you because like the Bible, this contract is open to interpretation" He then says he interprets article 14 in a different way. I later learned his District Safety Sup told him not to give it to me. I'm now ready to fight them in every way needed.

Maybe you need to send a Certified Letter with a Return Read Reciept to them:

[FONT='Times New Roman','serif']Your Name[/FONT]
[FONT='Times New Roman','serif']Address[/FONT]
[FONT='Times New Roman','serif']City State zip[/FONT]
As of September 27, 2007


Sent via Certified Mail, RRR

UPS Center Manager
Address

UPS Safety Supervisor
Address

Copy to:
UPS District Safety Supervisor
Address

Teamster Local
Address

Re: Injury Report



Mr. Center Manager Name:

This is a formal request for a copy of the injury report filed on my September 21, 2007 injury while working at the United Parcel facility located at address. I am entitled to a copy of the injury report under the Teamster Master Agreement.

ARTICLE 14. Compensation Claims

Section 1
When an injury is reported the reference number will be given to the employee and WHEN REQUESTED, A COPY OF THE INJURY REPORT WILL BE FURNISHED TO THE EMPLOYEE WITHIN (2) TWO WORKING DAYS OF SUCH REQUEST. A COPY OF THE INJURY REPORT WILL ALSO BE FURNISHED TO THE LOCAL UNION IF REQUESTED BY A LOCAL UNION OFFICIAL.


On September 24, 2007 I requested a copy of my injury report and was denied. Mr. Safety Supervisor said “I still can't give it to you because like the Bible, this contract is open to interpretation.” I am sure Mr. Safety Supervisor will have his chance to explain his interpretation of the Master Agreement when this goes to panel. I am hereby giving notice to Mr. Safety Supervisor of such breach and wish to inform you and Mr. Safety Supervisor that he must cure such breach, within two (2) days after receipt of this notice.






Very truly yours,


___________________________________
 

Fnix

Well-Known Member
So whats the first thing you should do if you think/know you have an injury? If you know it's a temp injury who should you tell?

My back feels like a T-bone steak, I don't know if it's because I never call in and haven't had any days off in 16 months to rest; other then weekends/holidays because I cant afford it.
 

LKLND3380

Well-Known Member
So whats the first thing you should do if you think/know you have an injury? If you know it's a temp injury who should you tell?

My back feels like a T-bone steak, I don't know if it's because I never call in and haven't had any days off in 16 months to rest; other then weekends/holidays because I cant afford it.

All injuries no matter how small must be reported...

Does your back feel better by Sunday night?

Have you thought about seeing a doctor?

Are you using proper methods when lifting?

Are you over 35
 

Fnix

Well-Known Member
All injuries no matter how small must be reported...

Does your back feel better by Sunday night?

Have you thought about seeing a doctor?

Are you using proper methods when lifting?

Are you over 35

Does your back feel better by Sunday night?
Yes, but I have a problem. Upper left back next to armpit (shoulderblade) seems to have a numbing since the last 2 months or so. I can't spare $30 for a co-pay at the doctors at the moment and I figure it's nerve damage and cant be fixed.

I think it's the drop frames that did it to me. After doing a bunch of them over weeks it started to appear. And usually starts to pain when I'm in them. I also always unload from the right side of the trailer so I assume all the turning and bending to the left had a toll.

Are you using proper methods when lifting?
Always complimented on it.

Are you over 35
No
 

LKLND3380

Well-Known Member
Does your back feel better by Sunday night?
Yes, but I have a problem. Upper left back next to armpit (shoulderblade) seems to have a numbing since the last 2 months or so. I can't spare $30 for a co-pay at the doctors at the moment and I figure it's nerve damage and cant be fixed.

I think it's the drop frames that did it to me. After doing a bunch of them over weeks it started to appear. And usually starts to pain when I'm in them. I also always unload from the right side of the trailer so I assume all the turning and bending to the left had a toll.

See a neurologist about the numbing... I thought office visits are $20?

Turning and Bending...
Pivot dont twist and lift with your legs not with your back...
 

OldUPSDriver

Well-Known Member
LKLND3380, I think that the co-pay for a specialist is a tad higher then your primary under some plans. At least it is where I am at.
 

helenofcalifornia

Well-Known Member
Of course, if it is a worker's comp claim, you pay nothing. And more than likely, they would try to put you on light duty until you "feel" better. Your call. Have you told people about your back? They don't want the comp claim and might put you somewhere until you feel better. Keep us posted.
 

Fnix

Well-Known Member
Of course, if it is a worker's comp claim, you pay nothing. And more than likely, they would try to put you on light duty until you "feel" better. Your call. Have you told people about your back? They don't want the comp claim and might put you somewhere until you feel better. Keep us posted.

Yes I've told people. They ignore me or laugh because %90 of the others have the same problems.
 

Fnix

Well-Known Member
What do you guys mean reported? If you tell 3 supes and the center manager about an injury and they dont fill out any paper work but tell you to go home and wait till the weekend is over what does that mean?
 

helenofcalifornia

Well-Known Member
You have to be your own advocate for getting this fixed. By reported I mean telling your sups you want to report a worker's comp injury. Your back is hurting and it isn't getting any better. They will ask for a specific date so you should give them an approximate date since its been hurting for awhile. And tell them that you have been telling people about this. I wouldn't mess with nerve damage if I was you. Numb back is not good. Good luck.
 
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