Options after workplace injury???

Discussion in 'UPS Discussions' started by FotomanDave, Mar 14, 2020.

  1. FotomanDave

    FotomanDave New Member

    Hey Upsets... Over been with UPS for a little over four years now. In October I slipped down a flight of stairs in an apartment complex on a rainy day. I immediately messaged the center to let them know. I wasn't sure if I was really injured because I had so much adrenaline, but I was in a lot of pain. I told them that I would try to wrap up my route and I pushed through. A few hours later they had to send to drivers to come help me out cause I was moving so slow. A 9.5 hour day took me 13hrs. The next day I went to the workers comp doctor and found that I had fractured my coccyx. They treated me for 45 days and I worked light duty during that time. After the 45 days I was still in tremendous pain so they ordered MRIs of my back and pelvis. That's when they found that I had herniated a disc in my back. I've been for two rounds of injections and the second round really did help a lot. However one of my complaints this whole time is that my left hip and left leg wasn't excruciating pain. so they did a nerve conduction test in my left hip and found that it has zero conduction. So now I'm looking at possible surgery. I want this to be over with and I'm ready to get back to work. But my doctor told me that I might not be able to return as a delivery driver because of my injury.
    I've called my local union three times now and they have not returned my call. I hate to bother my center union steward because he has a heavy route. So I'm hoping to find answers here.
    1. How long will I be paid by Liberty Mutual, does it end?
    2. What can I expect when and if I return to work?
    3. What has to take place before I return to work?
    4. If I cannot return in the same position, is UPS good about putting me in another position where I'm paid the same?
    5. Do I need to get a lawyer to oversee my workers comp compensation?

    I've heard a lot about a point system for disability, but do not understand it. All the drivers tell me about it, but their answers are all over the place.
    They tell me that the insurance company and doctors will label me a disability percentage based on a point scale. and at that time they will determine an amount to pay me for my injury. Is this correct?
    There was a guy in my Center who broke his coccyx bone and they gave him a percentage and he received a $7,000 check. Another driver tore his bicep muscle and needed surgery, they gave him a 5% disability and he received a check for $21,000. I just need to know what to expect moving forward and any information that I can gain on this site would be greatly appreciated.

    Thanks,
    David aka FotomanDave
     
  2. 542thruNthru

    542thruNthru Well-Known Member

    You sound like you have a lot of issues and UPS and more so liberty mutual is going to try and screw you. So get a work comp lawyer ASAP.
     
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  3. Dr.Brownz

    Dr.Brownz Well-Known Member

    CALL A LAWYER
     
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  4. Maple Grove MN Driver

    Maple Grove MN Driver Cocaine Mang!

    Lawyer Up
     
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  5. Wally

    Wally BrownCafe Innovator & King of Puns

    The numbers you are citing are chump change. You have permanent injuries worthy of a large settlement!

    First you have a case against UPS. You need to sue workmans comp, maybe the company.

    Second, sue the apartment complex! This is where the big bucks come in. Cash in bro! You hit the lottery!
     
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  6. silenze

    silenze Lunch is the best part of the day

    Also you should be talking to your business agent. They should be guiding you through the process. It's not like your the first to be injured. They probably even have a lawyer who has won against ups before.
     
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  7. Indecisi0n

    Indecisi0n Well-Known Member

    [​IMG]
     
  8. UnconTROLLed

    UnconTROLLed perfection

    It is a long road ahead. You will not go back to work for UPS if you are not 100%. UPS openly discriminates against people on that, going through it now. file charges with the eeoc and etc., if so. Also file charges against your local if you file grievances wrt ADA, age and physical condition, etc., they are not addressed. The union usually wants nothing to do with people on comp. They wanted me fired when I was hurt. Oh well

    Good luck
     
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  9. barnyard

    barnyard KTM rider Staff Member

    All of your questions can be answered by googling your own worker's comp laws for your state. Laws vary by state and some states a lawyer is needed, others, not so much.
     
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  10. Heavy Package

    Heavy Package Well-Known Member

    David - I had a minor injury off work and can only imagine what you are going through. This is too complex for anyone on this forum. You need a good workman's comp law firm and this sounds like a long fight ahead based on what kind of outcome you want. Most likely after some time UPS or whoever will just want to settle with you. Careful if you take that because it will probably mean UPS will show you the door. Otherwise be prepared for a long, long fight. Best of luck, brother.
     
  11. Johney

    Johney Well-Known Member

    This is the best advice you should be listening to. I have dealt with workers comp with and without a lawyer. Find an attorney not associated with the Teamsters union at all you want someone who has no connection with UPS or the Teamsters, trust me.
     
    Last edited: Mar 15, 2020
  12. Over70irregs

    Over70irregs Active Member

    Have a lawyer ready no matter what. Protect yourself
     
  13. UPSjedi41

    UPSjedi41 Active Member

    If you miss a single day from work from UPS, you almost always need a lawyer
     
  14. Indecisi0n

    Indecisi0n Well-Known Member

    I thought you would want one associated with the Union to know/understand how f****Ed up they are. Guess not.
     
  15. Johney

    Johney Well-Known Member

    No absolutely not. My lawyer was an attorney for an insurance company before he went to the other side.
     
  16. SaladTosser

    SaladTosser Kill me now

    I believe in the contract it says if you get permanently injured on the job and can’t drive anymore, they have to open a combo position for you.
     
  17. UnconTROLLed

    UnconTROLLed perfection

    No, it doesn't.
     
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  18. PT Car Washer

    PT Car Washer Well-Known Member

    Maybe a combo position working at Walmart.
     
  19. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    What do you know....


    Section 3.1

    "Pursuant to Article 22.3 and Article 37 and notwithstanding language in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee’s seniority."


    https://teamster.org/sites/default/files/ups18nationalmaster.pdf



    -Bug-