Injury question, what to expect?

Discussion in 'Health and Medical Topics' started by AnonyMusser, Mar 23, 2011.

  1. AnonyMusser

    AnonyMusser Member

    In a hypothetical scenario a loader suffers a bone chip/small fracture + crushed toenail while loading in a trailor with an LOA on a Monday. The cause was the LOA continuing to run with packages on it and a 45lb box drops on the loaders toe. He went to the safety office and was looked at by his full time supervisor, the safety supervisors and other hub-wing supervisors (entertaining?) he did not file an accident report but the damage was observed and was offered to have an appointment with the company preferred physician. He politely declines and decides to wait a day or two so and see how it is.

    On Thursday he breaks and decides to see an urgent care physician and fills out workers comp forms as the injury was sustained on the property, recieves an x ray and a physical inspection, followed by a copy of the x ray on cd, an open toed orthopedic shoe and a pain pill prescription he decides not to fill and is given a note saying he can return to work on monday, if the condition permits. He returns to work and his note is denied and is sent to the company preferred physician. He sees the physician and is told he can return to work immediately. I wont get into the doublespeak or intimidation from the hypothetical supervisors. Before the mandatory "Get an attorney" he has already spoken with one who believes he has a case for a modest settlement for the injury if not at the least compensation for the base hours missed due to injury. Where do you other UPSer's think he should go from there?
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Hindsight is 20/20 but he should have filled out the accident report while in the safety office and then he should have gone to the medical facility of his choice to have the injury examined. A supervisor would have probably been asked to go with him; if so, the injured employee does not have to let the supervisor in to the exam room nor does he have to give him access to his medical records. The only thing the sup would need are any notes related to work release and/or return to work status. The problem began when he waited until Thursday to seek medical attention and is basically given the rest of the week off to heal with a return to work date of Monday. Filling or not filling the script does not really matter here, allthough I would have opted to fill the script. He is then asked to go see the company physician who clears him to go back to work immediately with no restrictions.

    I think that at this point I would have gone back to the medical facility where he had gone for the initial exam, showed them the paperwork from the company doctor, and asked for a reevaluation. A supervisor would have been asked to go with you for this visit. If the doctor stands by his original diagnosis and does not release you from duty until Monday you must abide by his decision as you cannot return to work until you are cleared. If the doctor decides to allow you to return but with restrictions then your supervisor must find alternate work for you (scanning?).

    As for legal action for lost wages I would think that the fact that you waited until Thursday to seek medical attention would mean that you chose to forfeit those wages.

    This is how the scenario should have gone down. You get hurt, you fill out the accident report, you go to the doctor, you file under comp, the doctor puts you out of work until Monday, you go back to the doctor on Monday to get cleared, you go back to work on Monday and you wait for the comp settlement. You could also choose to use personal/sick time to make up for the lost days. The ideal would be if the doctor would have released you with restrictions so you could have been put on light duty for the 4 days.
  3. UnsurePost

    UnsurePost making the unreadable unreadabler

    What type of advice are you looking for? Not really sure where else to go ...

    injury, cover-up, harrassment/intimidation from mgmt, laywer involvement...

    Let the laywer do the talking and rest the toe. Don't speak at all with management or anyone else for that matter about it.

    In our state, you must be out 21 days to collect the first five days time lost in WC, no matter the injury. Milage will vary pending what state this is.
  4. UnsurePost

    UnsurePost making the unreadable unreadabler

    bad advice in your post all-around.

    Can't recover lost wages? HA. Locker room lawyer
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    This guy does not fill out an accident report immediately or go to the doctor until three full days after the incident and you think he is entitled to lost wages?

    He did the right thing by reporting the injury; unfortunately that was the only thing he did right.
    Last edited: Mar 23, 2011
  6. UnsurePost

    UnsurePost making the unreadable unreadabler

    The person was injured on the job, management tried their best to coerce and intimidate them into not filing a report, the employee thought better of it to file the report and be safe instead of sorry. Of course they are entitled to lost wages if their state laws allow. The injury happened at work, management was well aware, all injuries and all people are not the same....injuries can get worse over time as well as heal...

    If a witness to a crime did not speak right away when questioned by police, came back to the station two days later to file a witness that information no longer valid?
  7. dannyboy

    dannyboy From the promised LAND

    I think I smell BS. Either that, or this employee is very stupid. As far as the injury, the first doc said go back to work Monday, the company doc said Friday. That is not enough difference to warrant the type of reaction that he has taken. So there is something else behind this post. Been around long enough to know, if it smells, looks, and acts like BS, you can bet its BS.

    Also, I would go ahead and pay your lawyer the fee, as I know dang well one would not take it for a cut of the settlement. 5 days worth of missed work for a part timer? REally? And he got a lawyer to suggest going after it? I dont believe it.

    You asked
    Go back to work!

  8. dannyboy

    dannyboy From the promised LAND

    While states do vary, in our he would not be entitled to anything the first week, even if he had filed the report on Monday.
    Really? You want to argue that point? As a lawyer for the people who you are a witness against, that very fact would allow me to shed credibility issues on your part at the trial. By the time I got through with you on the stand, you would actually help my case, instead of damaging my client.
    The only saving grace is that they did take him into the office, and there were witnesses to the injury at the time it happened.

  9. UnsurePost

    UnsurePost making the unreadable unreadabler

    I'm not sure either one of us have this right because of the lack of any detail

    The employee may have declined BUT they also said there WAS coersion and harrassment/intimidation involved! Did you miss that part? do you know how hard three managers vs one employee in the office can be for someone who is easily misguided or unaware of the consequences?

    This sounds like a fairly painful and serious struck-by injury that was not the fault of the employee. They tried their best to be a "team player" under the strong influence of management and perhaps some very serious threats, and help management cover up an injury but it only bit them in the foot, so to speak.

    Would the average 20 year old, including yourself, know about the rules of workplace injuries and how such things work legally? I sure didn't back then.

    I agree with you 100% about reporting the injury in a timely way, and not seeking immediate treatment; that was the decision and ended up being a mistake of the employee.

    But bottom line-

    You cannot place the blame on the employee when it is managements responsibility to treat every injury as a serious one and actually care about their people working for them. Mangement team should have acted and filed the report, however we know that someones MIP bonus and safety /injury/DART numbers would have been skewed and a reaming somewhere, somehow, would have been had.
    Last edited: Mar 23, 2011
  10. AnonyMusser

    AnonyMusser Member

    Well the employee may be "stupid" (or maybe hes only been there a year or two, never been hurt to this degree on the job and didnt know the severity til the x ray, but he wasnt expecting to have bone chipped off and the injury wasnt his fault... I guess I will get into detail here, its not a mobster movie, but theres a degree of scumbaggery going on. When he returned his superiors asked him "kindly" to say the injury didnt happen on the property or the employee might get in trouble, or the supervisors would get in trouble, or the safety supervisor will get fired/fined, or the shift wont get to have a picnic before work to celebrate no lost time injuries for the year. Something drops on your toe you think "Ow" not "ca-ching!" Although Im sure he would appreciate the extra extra long condescending list :raspberry-tounge: Oh, and since when does getting a doctor to look at your an injury so you can return to work make someone a "sissy pants?"

    For point of reference this is in Illinois, I dont know how much of a difference this makes.
  11. dannyboy

    dannyboy From the promised LAND

    Sleeve There are a lot of things that dont smell right when posted. I just point out a few. As I stated, state rules vary, and I am not familar with those in Ill. A comp atty would. But I believe it is pretty common in all 50 not to be paid for the first 5 days, unless you have been off more than 15, at which time you get paid for the first 5 retroactivly.

    Anon, your claim of coersion is not until thursday. By that time, you have had three additional days at work, and then and only then does it become painful enough to seek medical help?

    As a practical matter, any time there is anything even close to this type of injury, it needs to be documented. A sup should always document it. If not, the hourly can make a pretty strong case against a cover up of the injury. I know at one time it was a pretty serious situation.

    Now, if you can document this, I would file a grievance. While I have heard of this type of behavior, I have never ever seen it documented or any verification of that actually occuring. This would be dishonesty. Yes, the supervisor will have to explain why you were injured (visually confirmed) on monday, and you are not filling out the information until thursday? And he really does not want that type of focus on him personally from above. So a greivance is in order if you have any witnesses to that story.

    Bottom line is that you screwed yourself.....ah he screwed himself.

    Go back to work. Learn your lesson.

  12. whiskey

    whiskey New Member

    The phone call to liberty mutual has to be made the same day as the injury. End of story.
  13. hondo

    hondo promoted to mediocrity

    I love this part (underline/color change by me). How many times was this reported to supe and was it documented on DECR?
  14. UnsurePost

    UnsurePost making the unreadable unreadabler

    Dannyboy, he did NOT goto work, right? He went home and rested for two days! On Thursday he went to his doctor. If I am wrong, agree more with you.
  15. menotyou

    menotyou bella amicizia

    He reported the injury. His obligation is done.
  16. AnonyMusser

    AnonyMusser Member

    Spot help in a completely different wing of the building that day. As far as I know the roller hasnt been checked out. I do know some times the weight of packages pushes lighter boxes off that dont catch the grooves on the little belt, I can live with 4 lb boxes sliding into my shoulder, thats not the case though.
    Last edited: Mar 23, 2011
  17. AnonyMusser

    AnonyMusser Member

    Ah, you got me, it was me:proud: Im the stupid and lazy loader who screwed himself by getting injured through no fault of my own. I can live with your condescending knee-jerk reaction and you hearing only what you want to hear but you can take my explanation for what its worth, so let me without the ambiguity. I wanted to work that entire week. I work part time, I needed that money. I was injured THROUGH NO FAULT OF MY OWN, and with the hope that it was just a booboo opted not to see a doctor. The reason I went to the doctor, TO FIND OUT IF NOTHING IS BROKEN SO I CAN GET BACK TO WORK ASAP, PAIN OR NO PAIN. And was then told that my doctor wasnt good enough and was made to miss out on another day. a good friend who works the shift before me drops pull out rollers on his foot (on accident) 2 years ago, suffers the same black toe/fracture, gets $1,000 minus 33% legal fees, still works there. Im getting advice from him on where to go as well, I came here to get other opinions, cause all I want is the ABSOLUTE BASE HOURS. So yeah if theres a lesson is it "Im a lazy crybaby who should just take my lumps and pray to Brown Almighty their shoddy machines dont cost me my job limb or life should this happen again?"
  18. AnonyMusser

    AnonyMusser Member

    Dannyboy, I dont want to argue with you and Im not gonna go through your original pretty insulting post, I will entirely let that go. How about we start off on a new foot, preferably the one I still have intact? Also, I only talked the lawyer over the phone, my dad called him for me when I told him about being pressured to say to their preferred doctor for a return physical that the injury didnt happen at work. I dont have dollar signs in my eyes, I just dont take kindly to being bullied into lying to a doctor.
  19. dannyboy

    dannyboy From the promised LAND

    Being a bit overly dramatic on that "lost limb or life arnt you? A real drama Queen.

    That is not to say that all of the equipment at UPS works exactly like it is supposed to. I have shut down equipment at UPS for over a week because during the building safety audit, I discovered faulty problems that would have caused serious injury and quite possibly death. The workers in the area hated me for it, management hated me as well, because other audits did not identify the problems. But I did my job, and know I did the right thing. So unsafe equipment is used, and allowed to by used at UPS. But that does not solve your issues.
    But you dont have the slightest problem telling lies here on this site, to people you are asking for advice.

    My advice? Stop posting. Do whatever you need to do with the lawyer (and good luck with that), go back to work and work safe. If the machine is unsafe, you have the right and responsibility to report it, and follow up to see it was fixed.
  20. UnsurePost

    UnsurePost making the unreadable unreadabler

    Danny, you're wrong.

    UPS management was forcing me to see a co. doctor for what THEY thought was a non-work injury, to return to work, just a month ago. Did you read my thread at all?

    What happens is, just an educated guess, UPS does not want any liability or footprints at all.

    By seeing the company doctor without filling an injury report, it is a hush-hush wink wink visit to the orthopedist for 100% RTW clearance - one that satisifes the RTW policies, covers incase employee gets hurt again with same injury in the future, but does NOT CHARGE THE BLDG WITH A DART INJURY while injured. (which IT WAS)

    It's almost the exact same treatment. I'm not at liberty to say anything else, legally, however that point was already published on here.