Returning to work post injury

I had an on the job leg injury at the end of 2018 (ruptured quad, torn patellar tendon, torn meniscus, broken tibia) that required quite a bit of surgical repair and almost a year of rehab after recovery. I bounced back pretty well considering all things and that my surgeon said nothing at all was promised in rehab. I had to do an FCE in January and was given only 1 small restriction that basically did eliminate delivery ever again but I can still do most any inside job and/or feeders without any accommodations. The reason for my post is that the company has obviously blocked all attempts to get back on the job since my release in January of this year and the union has not been on it as much as I’d hoped. I keep getting “we’re staying on it” kind of answers and yet almost no progress in 8 months. What other options do I have or how should I proceed from here? Should I hire an attorney and litigate the issue? Why is the union letting it go this long and not had the utmost urgency? I’ve dealt with multiple officers at the hall and they don’t even seem to be talking to each other internally about my case. Sometimes when we speak it’s almost like I’m updating them on an issue they haven’t heard about when we’ve been discussing it for the better part of a year. It’s extremely frustrating and I’m worried that getting back to work is something that may not happen, I never dreamed before that was even a possibility. Any and all thoughts or suggestions are appreciated.
 

burrheadd

KING Of GIFS
I had an on the job leg injury at the end of 2018 (ruptured quad, torn patellar tendon, torn meniscus, broken tibia) that required quite a bit of surgical repair and almost a year of rehab after recovery. I bounced back pretty well considering all things and that my surgeon said nothing at all was promised in rehab. I had to do an FCE in January and was given only 1 small restriction that basically did eliminate delivery ever again but I can still do most any inside job and/or feeders without any accommodations. The reason for my post is that the company has obviously blocked all attempts to get back on the job since my release in January of this year and the union has not been on it as much as I’d hoped. I keep getting “we’re staying on it” kind of answers and yet almost no progress in 8 months. What other options do I have or how should I proceed from here? Should I hire an attorney and litigate the issue? Why is the union letting it go this long and not had the utmost urgency? I’ve dealt with multiple officers at the hall and they don’t even seem to be talking to each other internally about my case. Sometimes when we speak it’s almost like I’m updating them on an issue they haven’t heard about when we’ve been discussing it for the better part of a year. It’s extremely frustrating and I’m worried that getting back to work is something that may not happen, I never dreamed before that was even a possibility. Any and all thoughts or suggestions are appreciated.
Time to lawyer up
actually it’s way past time
 
Time to lawyer up
actually it’s way past time
I figured as much. With even the union legal counsel telling me all this time to be patient and they’d get it all handled tho I was trying to allow it to go that route. I never should have waited near this long tho. I just hoped there was some way to avoid that if possible.
 

wasn't me

New Member
You have probably missed the deadline to file with the EEOC, but check and see. Did you file for an ADA waiver and if so, what date did you get UPS's little letter saying there were no jobs available to you? I am not sure what date the EEOC goes by, but if they go by the date UPS hires someone to do a job you could be doing, you might be good.
 

quad decade guy

Well-Known Member
So, (serious question) what "rights to work" does he have exactly? A delivery company has a guy that can't do the job"ever again"? Through the years, I've seen plenty of medically retired folks. I'm not ever exactly sure why or how or what that meant except they never came back. Lot's of these cases kinda slowly rolled along exhausting all times and deadlines until there was some sort of resolution. Usually with the employee disappearing for good. And, does it matter if say the injury was for something stupid(that the employee did that resulted in injury) or Act of God stuff?
 

quad decade guy

Well-Known Member
I had an on the job leg injury at the end of 2018 (ruptured quad, torn patellar tendon, torn meniscus, broken tibia) that required quite a bit of surgical repair and almost a year of rehab after recovery. I bounced back pretty well considering all things and that my surgeon said nothing at all was promised in rehab. I had to do an FCE in January and was given only 1 small restriction that basically did eliminate delivery ever again but I can still do most any inside job and/or feeders without any accommodations. The reason for my post is that the company has obviously blocked all attempts to get back on the job since my release in January of this year and the union has not been on it as much as I’d hoped. I keep getting “we’re staying on it” kind of answers and yet almost no progress in 8 months. What other options do I have or how should I proceed from here? Should I hire an attorney and litigate the issue? Why is the union letting it go this long and not had the utmost urgency? I’ve dealt with multiple officers at the hall and they don’t even seem to be talking to each other internally about my case. Sometimes when we speak it’s almost like I’m updating them on an issue they haven’t heard about when we’ve been discussing it for the better part of a year. It’s extremely frustrating and I’m worried that getting back to work is something that may not happen, I never dreamed before that was even a possibility. Any and all thoughts or suggestions are appreciated.

How can you do feeders without being able to deliver? You go to the bottom of feeders around here and you'll do plenty of delivering packages. And if you can do inside jobs(which require lifting just about anything) couldn't you deliver?

How did you break your leg?
 

barnyard

KTM rider
Staff member
You need to know what the worker's comp law is in your state. That will tell you how to proceed.
 
I have a comp attorney because I’m appealing that situation, but the company reached out to him today asking us if we’d be interested in negotiating a settlement to end my employment (regardless of the appeal). He said this means in his opinion that they most likely never intended to allow me back to work this entire time under any circumstances and the union has done a piss poor job in managing it to this point (can’t disagree with that). I told the local we needed to talk ASAP, said they can see me next Monday lol. My comp attorney put me in touch with the best plaintiff attorney in the state. Never thought I’d be here when all this started.
 

burrheadd

KING Of GIFS
I have a comp attorney because I’m appealing that situation, but the company reached out to him today asking us if we’d be interested in negotiating a settlement to end my employment (regardless of the appeal). He said this means in his opinion that they most likely never intended to allow me back to work this entire time under any circumstances and the union has done a piss poor job in managing it to this point (can’t disagree with that). I told the local we needed to talk ASAP, said they can see me next Monday lol. My comp attorney put me in touch with the best plaintiff attorney in the state. Never thought I’d be here when all this started.
you about to get paid
 

barnyard

KTM rider
Staff member
you about to get paid
Yep.

There have been 2 buyouts in my building. 1 got 2 years of school and a living stipend. He finished his degree and was able to get another job with that degree. The other got pension credit for the time he was on comp and retired.
 
That was about to be my next question. I’ve been on the job over 21 years and never seen or heard of a buyout in my building so I had no examples of what was possibly gonna be next. I’ve asked a few coworkers that had a lot of time in to see if anyone knew what or even how long the process may be and just gotten blank stares.
 

Up In Smoke

Well-Known Member
We are currently processing a workers comp retirement. Driver (30+ years) hurt on the job 2018, had multiple surgeries, returned each time just to be taken out of service again. IME Dr. hired by UPS determined employee could not return to classification. We attempted to have the employee reclassified and given ADA accommodations, but the company refused. The last I heard, the employee will receive 260 weekly payments at top state rate, paid out by Liberty Mutual in four quarterly payments. In addition a 30+ year pension and a partial/permanent disability through Social Security paid monthly until age 67. There is a Social Security option at 62, but most likely that option would be a loss of monthly dollars.
 
After a year of rehab from a pretty horrible injury and difficult surgery I was given an FCE after which I had restrictions that are keeping me from holding a “physical job” with the company. We went through the ADA process and attempted other avenues through it and UPS has refused at all opportunities. It seemed like they were going to allow a feeders opportunity but after going through feeder school they DQ’d me after a failed test (when all others in the school failed the same test mind you, I was the only one who received a DQ tho). So now we’re here. After almost 9 months of pretty much no other options. It would seem I’m where you’re at now only I have a little over 21 years in, not 30 plus as your driver does
 

quad decade guy

Well-Known Member
We are currently processing a workers comp retirement. Driver (30+ years) hurt on the job 2018, had multiple surgeries, returned each time just to be taken out of service again. IME Dr. hired by UPS determined employee could not return to classification. We attempted to have the employee reclassified and given ADA accommodations, but the company refused. The last I heard, the employee will receive 260 weekly payments at top state rate, paid out by Liberty Mutual in four quarterly payments. In addition a 30+ year pension and a partial/permanent disability through Social Security paid monthly until age 67. There is a Social Security option at 62, but most likely that option would be a loss of monthly dollars.
What is top state rate? Based on what? Hours? He was owed his pension anyway and SSI anyway. Seems only thing special is the 260 payments. Was he out for 5 years? In all my years, I've never heard of anyone winning the "lottery" in these scenarios.
And who is we?
 

Up In Smoke

Well-Known Member
We is the employee, myself (steward), our business agent, the Local and the subrogation lawyer that represents the Local's pension and health care funds. Each state has a weekly workers compensation pay schedule and this employee qualifies for the max based on earnings. The employee was hurt by no fault of their own while performing a job for his employer and insurances are in place to ensure this employee will receive compensation for lost wages from today to age 67. I believe this is the fourth such retirement that I have been involved with in the last 10 years and they all go very similarly. I hardly think being forever disabled is winning the lottery and when everything settles out, this employee will receive $4,000.00 ish dollars a month with no insurance.
 

quad decade guy

Well-Known Member
We is the employee, myself (steward), our business agent, the Local and the subrogation lawyer that represents the Local's pension and health care funds. Each state has a weekly workers compensation pay schedule and this employee qualifies for the max based on earnings. The employee was hurt by no fault of their own while performing a job for his employer and insurances are in place to ensure this employee will receive compensation for lost wages from today to age 67. I believe this is the fourth such retirement that I have been involved with in the last 10 years and they all go very similarly. I hardly think being forever disabled is winning the lottery and when everything settles out, this employee will receive $4,000.00 ish dollars a month with no insurance.
Right $4k a month no insurance
That's what we all get. You also missed but affirmed my point....nobody wins in these scenarios. Sure seems like a lot of manpower for him to get what he earned.
 
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