Off Work WorkmansComp. Termination after 12 weeks?

Discussion in 'UPS Discussions' started by celsiana, May 16, 2011.

  1. celsiana

    celsiana Member

    I heard that UPS can terminate after being off work for 12 weeks on workmans comp in Texas. It's a new Law passed in Texas. Is this true.? I tried to call Union hall and Google the Texas Workmans Comp site but could not find the exact law.

    I am a little concerened since I have been injured and they can take up to 3 weeks to approve Xrays and then after the Xray you have to put in another request for MRI. Another 3 weeks to approve it. By that time if my torn up knee needs surgery I will run out of surgery recovery time.

    I have been off work 9 days and my knee is getting worse (I can not walk) so I fear the worst.

    Does anybody know about this? Thanks
  2. washerboy

    washerboy New Member

    good luck with that i went out on 4/15 and have not been paid since not a dime liberty mutiual refuses to pay me i was hurt in building lifting a 150 pound platform with help from a soup i just had an mri done on 5/12
  3. Anonymous 10

    Anonymous 10 Guest

    Get a lawyer
  4. Johney

    Johney Well-Known Member

    I agree 100%. Seems Liberty is denying claims lately.

    Edit: I wanted to add this. When you do retain an attorney....which everyone hurt on the job should do, don't expect things to move fast. Actually they move quite slow due to the back-up in the court system. Sit back listen to your lawyer and wait it out it will work out down the line.
    Last edited: May 16, 2011
  5. menotyou

    menotyou bella amicizia

    Look at your rep power #. That was a fun year. Great fireworks.
  6. menotyou

    menotyou bella amicizia

    It is a federal statute, I believe under ADA. But, here is some info I found.
  7. Johney

    Johney Well-Known Member

    Yes it was.
  8. iamupser

    iamupser I'm Institutionized

    Companies and people complain of the "fraud" and people scamming the system...BUT I know MORE people who have been screwed over (myself included) than people who are "scheisters"! I can't believe our system is set up to let insurance companies, doctors working for insurance companies, and corporations get away with this....Something needs to change!
  9. The Milkman

    The Milkman Well-Known Member

  10. hurricanegunner

    hurricanegunner UPSPoop

    Unfortunately, once you pay your attorney, you might not have enough left over to make a United Way contribution. Darn.
  11. fullspeed2

    fullspeed2 New Member

    you have 2 years from the day that you come off work on comp. NOT from the date of injury UNLESS your date of injury is the same day that you came off of work on comp. If your DR gives you light duty and UPS lets you sit in the office and answer the phone or whatever....that is still working...AGAIN.2 yrs from the date of your 1st day off work and on comp.

    In my experience.......You can go to the TX dept of insurance, workers comp division or the Division of inured employee council. They will help you if you are having trouble with Liberty Mutual. I hired a atty years ago when I had back surgery.....he screwed me....billed me 25% of my Tibs check every week until I returned to work...He was doing paperwork and asking for things from ups and insurance company that I was not entitled to get----just to run up a huge bill. In my opinion, only hire an atty if you really feel you must. Let the state agencies help you handle the ins. co. for the small stuff.
  12. celsiana

    celsiana Member

    Crap I guess 12 weeks would have been wonderful. They fired me after 2 weeks. LOL
  13. hdkappler

    hdkappler Member

    get a lawer.and talk to them's easier to get into alaw office then calling the union hall.if you want advice then call a lawyer.if you don't want advice then don't waste time on here.
  14. jim50321

    jim50321 New Member

    When I worked in the hub I slipped on something spilled on a belt and injured my knee. After leaving the building that day I again slipped on the parking lot on the injured knee. I manager saw that and told me to report both injuries. This was back in the mid 90s and we did not report injuries as soon as they happened. So the next day after seeing a doctor, I went into work and filled out the forms. I required re-constructive knee surgery and I would be off work for about 3 months. Liberty Mutual tried to deny my claim saying the real injury took place in the parking lot, thus trying to make it into a non-work related injury. After a couple of weeks of getting no where myself I contacted an attorney. My attorney sent letters to UPS and Liberty Mutual advising them that we would be filing a law suit in district court and contacting OSHA and the state departments of insurance regulation and workman's compensation oversight. Amazingly enough, two days after receiving that letter, Liberty Mutual contacted me and told me that they had made a mistake and would be covering the injury as work related. They also ended up paying the $400 legal fees accrued with the attorney.

    Bottom line, consult a good attorney. Most insurance companies and employers want you to think you are helpless outside of what they say and decide. They will get away with anything they can if you let them. They know the real rules and so does a good attorney specializing in work related issues. Once they know you are serious they will do what is in their best interest financially and that is avoid a lawsuit or investigation that they know they will lose.

    A driver with about 30 years in is the one who advised me to talk to an attorney. He did not believe the union would have sufficient "seriousness" to get the matter resolved.
  15. celsiana

    celsiana Member

    Well I have plenty of time to waste. I don't think hanging out here a waste of time anywhooo. I learn alot. I have done everything I was suppose to do. Liberty Mutual is doing all the right things. The Union is doing everything it's suppose to do. It's just UPS.
    I have never had any good expereinces with Lawyers. So that will be the very last thing I will consider doing.
    I guess going to panel will be the next step?
  16. Johney

    Johney Well-Known Member

    Get an attorney asap. I guarantee UPS has nothing to do with your claim it is all Liberty Mutual. Do not worry about the Union they have too much on their plate. Get someone who is there for you trust me that is what you need.
  17. menotyou

    menotyou bella amicizia

    As one who has had too much Liberty Mutual in my life, UPS is self-insured. Liberty Mutual is the flag UPS wraps itself in to deflect any negativity that may come towards Liberty. If a check is written by Liberty, it is because a UPS Manager has approved it. Don't let UPS fool you.
  18. Johney

    Johney Well-Known Member

    I think this has been discussed somewhere here before. UPS does not own Liberty Mutual making them "self insured". I too have had more than my share of dealings with Liberty also having lawyers involved. That was the best decision I made hiring one things went a lot better had I not I may not be working there to this day. I agree they work together to at a point but I think that is only on signing off on settlements.
  19. menotyou

    menotyou bella amicizia

    Yes, it was in another thread. I believe you didn't want to believe it there, either.
  20. Johney

    Johney Well-Known Member

    Ok you believe what you want and I'll believe what I want and we'll leave it at that ok? Because we all know arguing on the internet is like running in the Special Olympics even if you win you're still retarded.