Some information on back injuries and your rights

Discussion in 'Health and Medical Topics' started by dannyboy, Feb 7, 2005.

  1. trplnkl

    trplnkl 555

    That's why I worded it that way I did, and no I haven't seen that anywhere and yes I think it should be that way.
  2. bad company

    bad company semi-pro

    The legal deadline to file a workers comp claim will vary from state to state. However the UPS policy is two days. After that, it will be considered a late injury claim, which apparently wreaks havoc to the center, division, district, and sometimes the region.

    Source: Lecture I received from a business manager
  3. tkmac

    tkmac New Member

    So what would you do in my situation. Here, no one at the center are helpful. I feel like UPS should be held accountable somehow.
  4. tkmac

    tkmac New Member

    what do you mean wreaks havoc on the center?
  5. dannyboy

    dannyboy From the promised LAND

    Maybe to you it is obvious, but not to UPS.

    You made several serious mistakes, and it might be you shot yourself in the foot. The minute you saw your own doctor instead of the company quack, it really hurt your chances of filing workers comp. And the sup telling you you were too late to file on monday was a bit of a crock. But you should have insisted to see the company doctor anyway.

    Back injuries do and can happen all at once. But they can also be the result of many years of abuse, or even an issue that you have had since birth, but it took the UPS job to bring it out to where it is an issue. And I have seen people go home friday, injure themselves over the weekend, come in monday and claim it happened on friday. Even seen one get fired for dishonesty on a claim like that. It seems he was documented playing football for several hours on that sunday and did not have any sign of a crippling injury then, but could not work?

    Anyway, back to your case, see a good lawyer. He can tell you what your legal options are. In my state you would be screwed. IT might be different where you are. Then follow exactly what he/she tells you to do.
    How you feel is only important to you, not any one else. And if UPS can walk on this, you bet they will.
    Last edited: Apr 6, 2008
  6. feeder53

    feeder53 ADKtrails

    If I hurt myself at work, I first woul report it ASAP, then I go to see my doctor. If he sends me to a specialist then I go there too. If the company chooses to send me to theirs I go to all of them they care to pay for. I am not a pro at medical issues and leave the Medical and legal to those pros. I know there are doctors that will take the company side to a point, and I do think of the Chiropractic field too. I have one that helps me out. Your health is the most important thing you have.
  7. dannyboy

    dannyboy From the promised LAND


    Are you willing to be the one that pays your doctors visit out of your own pocket? Because you will if you insist on doing it your way.

    Your insurance will not pay for the visit, because it is worker comp, and worker comp will not pay for it because you refused to go to one of the panel that you are to choose from. So you get stuck with medical bills that you will have to pay for out of pocket. Or at the very least, it will take months or even years for your insurance to finally pay.

    Workers comp is very plain on this issue. You have a panel of 3 to choose from. You must go to one of the three on the panel. If your injury is to your back, then one of the docs on the list must be a chiropractor. So play by the book. If you disagree with what the doc recomends on your claim, then you do have a right to go to another doc on the list.

    Contrary to what has been posted here, Doctors are not paid off by UPS. They are not paid off by the insurance company. They are professionals that see injuries every day. And while many dont have a clue as to what the average driver goes through every day, they are rendering their best medical opinion as to your diagnosis and long term employability. Anything less opens them up to malpractice claims.

    So do as you like. But be prepared to pay the bill for your inabillity to follow instructions.

  8. Johney

    Johney Well-Known Member

    Look people workers comp laws vary from state to state. The general concensas(sp?) here(and what all should do) is do not go see your own DR and DON'T.If you think you were hurt on the job and if you were, report it. Come on people do you really need to seek out an ER visit over the weekend? Nothing short of a broken limb would justify that as a trip to the ER for a on the job injury, and THAT WOULD'VE BEEN REPORTED! Feel a pain at work report it even if not called in that day it's still reported. Do not let your sup intimadate you period. Most back problems(although I'm no DR) are pulled muscles or worst case scenario hernated disc's. I've had both and yes they are painful but in no means justified a trip to the ER. Let me clarify that I mean after leaving work and going home. If you leave work Friday and it hurts all weekend tell them Monday morning you need to seek medical attention for an on the job injury. If you are givin even a minute of grief consult an attorney. 9 times out of 10 if you have done everthing by the book you will not need the assistance of an attorney as I believe(my opinion only)that UPS knows they most likely will lose the case and pay big time but, if vary from that line you may be in for a fight that you may or may not win. Do you really want to take a chance? Sorry for the long post people but I'm just tired of seeing people here and guys I work with taken advantage of because they don't know thier rights.:peaceful:
  9. dannyboy

    dannyboy From the promised LAND

    I guess you dont feel pain? And you want someone in pain to wait till monday to get relief? Why? But yet you want someone to run to see a lawyer in a heartbeat for a little bit of grief???? I see a real shmuck giving out information.

    Kid, I worked delivery over 8 hours one day on a broken foot. It took more than a week for the swelling and other damage to go away enough so they could set the foot. Then it took several surgeries to fix the other problems that developed because I worked injured. So I can take pain with the best of them. Problem is, where does that get you? Nowhere.

    When in pain, get help. Get relief. That is what medical care is all about. Why suffer all weekend when a trip to the med one or er will ease the suffering? In most cases both are on the list for you to see anyway for comp injuries. So what is the point of waiting until monday afternoon sometime?

    Your back injury pain analisys also falls short.

  10. Johney

    Johney Well-Known Member

    Dam sorry I struck a nerve Danny. Let me ask not being a smart :censored2: but how long have you been out of UPS? Comp at UPS is very differant now. I really don't care what you think or say about my post. I have had a little Comp experiance with UPS unfortuneatly in my 20 years of employment some good some bad even had to go to court over an injury. So take what I say or leave it I really don't care. I'm just trying to give a taste of personal experiance so maybe someone may not have to hire an attorney and fight. I just see from the inside what happens to people now do you?
  11. dannyboy

    dannyboy From the promised LAND

    Been out two years. And not much has changed in the way they handle comp. So you didnt hit a nerve in that regard.

    My issue with your post is not that they handle or dont handle comp. It is with the assumption that some people will enjoy living in pain for the whole weekend, while they breathlessly await the coming of monday morning to run and tell the sup the wonderful news that you got hurt friday.

    Point is, if you hurt, get help. There is no benefit to wait until monday to work your way through the paperwork before you can be seen.

    And that is my main point and conflict with your post on
    . Why wait?

  12. Johney

    Johney Well-Known Member

    Why wait? If you go to the ER who pays? Comp or your own health insurance? I doubt comp will cover it without an injury report or authorization(sp?). You know what I'll take it back go ahead and go to the hospital if it hurts take a chance and roll the dice on coverage not me. I'm done giving comp advice.
  13. dannyboy

    dannyboy From the promised LAND


    If you get hurt late in the evening, or early in the AM, before the doc in the box opens, where do they take you? To the ER. The ER is usually (all of the centers I have been to) one of the accepted places to go for the injury. Thus my point.

    As for who pays, tell them workers comp, they will be more than helpful to assist you in getting the help. In most cases, it is even easier to go through the pre-crap to get seen with a workers comp claim than with insurance.

    Now, even if you do use your insurance instead of comp, they will work it out between themselves. Believe me, they have the man power to put to the task of getting it straightened out. Who pays is usually the last worry for me if I am in pain.

  14. Johney

    Johney Well-Known Member

    OK Danny you win,arguing on the internet is like running in the special olympics even if you win your still retarded. But let me ask this when you say THEY who do you mean? Supervision? What happens on Saturday when you are hurting? Do you have your Sups cell number and will they accompany you to the ER or call it in for you? What I'm saying is when you leave Friday w/o reporting it thinking it will be ok but isn't. I gotta tell you anytime I've been to an ER they want to know who's paying and want photo copies of any insurance cards before I'm seen period. Anyways I'm done with this thread and will no longer give comp advice anymore as you seem to have all the answers anyways. I will only give advice to the people in my building who seek my experiance and know what I've been through.:peaceful:
  15. dannyboy

    dannyboy From the promised LAND

    Johnny, they is the insurance company(s), in my case the union or liberty mutual. The teamsters have repeatedly stated that if there is a problem with comp, have them bill teamsters, and teamsters will get the refund from liberty. That simple.

    To give you an idea, I went last weekend for my knee. Tried to get into the doc in the box, but no go. All they asked was who the employer is. Never asked any other questions. Almost scary it was so simple. Had I given them my insurance card, there would have been copies, who is the primary etc etc. Told them it was workers comp, and liberty mutual, UPS. That is it, and I was taken back.

    So while I am far from the expert, waiting until monday when you are in pain is not too smart. Do it if you feel you need to. But I still ask why? You dont get enough punishment at work, you want to stay in pain the whole weekend too? I just dont get it.

  16. Johney

    Johney Well-Known Member

    Well I guess I'm retarded too but one last post. You must have one hell of a good local cuz when I had my problems with a comp claim my local told me you need to find your own attorney we can't help you. After it was said and done I'm glad I did. Glad everything worked out for you but my faith in the system is very week and I won't stray from the line at all. Even if it means suffering over a weekend(which I have done). Good luck and keep up the great advice. I just hope I never have to say to someone here "I told you so".
  17. dannyboy

    dannyboy From the promised LAND

    Johnny, you are not retarded, just looking at things through warped glasses.

    Your union could not recomend a good comp lawyer? Our local not only can recomend several, but has worked out a discount plan with several. That way you get more of the money that you have coming, and not the lawyer.

    Shame on your local.

    But that still does not address the issue of your insurance paying the bill, and getting the money back from comp. Even if they dont, then they still would pay the bill for your visit. So there is no reason for you not to seek medical attention when you are in pain. Ever.

    Secondly, yes I did have the sups phone number. Its called trust. I dont call them unless it is an emergency.

    BTW, your center does not have saturday delivery does it? If it did, why would you not call them at that time to report your injury and get the medical care you need.

    So see, I just dont get why you insist on waiting the weekend in pain. Kinda like whipping yourself for the hell of it.


  18. Adlar

    Adlar Banned

    Hi Danny,
    Very informative post on back injuries so thanks for sharing with everyone.
    I will share thes tips with other also as these tips might be helpful for someone to cure back injuries.
  19. CanonPowerlifter

    CanonPowerlifter New Member

    what if i have back problem already...maybe i have a small hunchback :D
  20. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    I have read a few of your posts and have to admit that so far I'm not that impressed.