Injury acting up again

Discussion in 'UPS Discussions' started by throwaway45678, Apr 7, 2019.

  1. throwaway45678

    throwaway45678 New Member

    I was on comp for awhile. Surgeon said I needed surgery but wasn't going to perform it on someone who didn't want it. I just wanted to get back to work after so much PT. Tbh, I missed big brown and my brothers and sisters and thought I could get by.

    The pain got better and I managed for awhile, but lately the darn thing is really acting up.

    I'm worried if I separate employment with the company I'll be SOL on this and be on my own.

    It's not bad enough that I can't work (yet), but imagining dealing with this on my own gives me a new set of worries.

    It's not a huge surgery but it's surgery on an important joint of a limb.

    Thanks for any help or advice.
     
  2. MECH-lift

    MECH-lift Union Brother

    The doctor already said you need surgery, just get it done..

    surgery = time away from ups
     
  3. MyTripisCut

    MyTripisCut Listen up, OoooooooKaaaaaay!

    Call a work comp lawyer ASAP. Here, you can go back on comp up to 18 months past your last treatment. You can also sue liberty mutual for lost wages as well as collecting your entitled work comp pay. Advice on here is sketchy at best, call your BA and call a lawyer ASAP.
     
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  4. 1989

    1989 Well-Known Member

    Never get legal advice from a BA.
     
  5. MyTripisCut

    MyTripisCut Listen up, OoooooooKaaaaaay!

    That’s why I said call a lawyer. The BA is to inform you of your rights at work. Cover both ends. Not that hard.
     
  6. 1989

    1989 Well-Known Member

    Read your state comp laws. Your rights at work are covered in there. Not that hard.
     
  7. MyTripisCut

    MyTripisCut Listen up, OoooooooKaaaaaay!

    You gonna prepare your own lawsuit to get your lost pension and 401k money? Like I said. Call a lawyer.
     
  8. Johney

    Johney Well-Known Member

    Check comp laws as stated or contact a lawyer, laws vary from state to state. Here you have 1 year past your last appt and it get's closed out and you are on your own.
     
  9. oldngray

    oldngray nowhere special

    picdump_3101_93.jpg
     
  10. 1989

    1989 Well-Known Member

    Workmen's comp is a type of no fault compensation. Most likely, your lawsuit would be towards a third party. But a comp attorney might get you a greater PPD settlement. BA = unless (for me anyway)
     
  11. 1989

    1989 Well-Known Member

    Or you could start a new claim.
     
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  12. MyTripisCut

    MyTripisCut Listen up, OoooooooKaaaaaay!

    It could qualify as a previous injury at that point and might get denied.
     
  13. Johney

    Johney Well-Known Member

    For a already registered injury? Prepare for a fight from LM.
     
  14. 1989

    1989 Well-Known Member

    Any injury could get denied. A previous injury that gets reinjured is covered here.
     
  15. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    If only there were someone with years of training that could advise you on what to do instead of a bunch of internet strangers.
     
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  16. 1989

    1989 Well-Known Member

    If I had a torn meniscus in 2015 and elected not to have surgery. Then in 2017 I cannot walk. They can decide for themselves if they want to reopen the previous claim, or open a new one. I don’t care.
     
  17. MarvelousMunata

    MarvelousMunata The Scapegoat With Attitude

    Omg i have this shirt!
     
  18. MyTripisCut

    MyTripisCut Listen up, OoooooooKaaaaaay!

    Have you ever been on Comp?
     
  19. Johney

    Johney Well-Known Member

    Here if you had not gone back between 2015 and 2017 the case is closed and they no longer have to treat you. You would have to try and claim/report a new injury and would be shut down once they find it was the same torn meniscus,if you even made it to them treating you again. That's how the laws are here, sad but true.
     
  20. 1989

    1989 Well-Known Member

    Yes....have you ever read your state comp laws? Ups must follow them or risk losing their self insurance status.