Ups driver having to work injured

dannyboy

From the promised LAND
john

that is true and not true. if you have the paper work saying that you have lifetime medical on the body part (ie knees, elbow) then when you see the doc does not matter. you have the ability to have the comp injury covered for life.

what you are referring to is where the injury has not done perm damage to the body part. once you are returned to work, it is assumed that the old damage has healed, and you should never have any more issues there again.

if that area is re-injured, you would start again with workers comp. each new injury is a new claim. after several times, then your atty would be able to make a case saying that the injury is not something that will heal, but instead is a more perm injury.

make sense?

but keep in mind, a workers comp claim is a single event that caused an injury. as the poster tried to claim earlier, pushing the clutch in over a period of time, that would not be a workers comp claim, as there was not a single action that caused the injury, but a series of actions.

d

d
 

Johney

Well-Known Member
Danny,
So when I had to hire an attorney to fight Liberty on an injury that they claimed was closed due to the statue of limitations expiring was a waste of time? My comp attorney now telling me NOT to go more than 365 days from one appointment to the next isn't true? I've said this before and I'll say it again when dealing with comp hire an attorney in your area as they will know your state laws. All I know is in Florida you MUST see the comp Dr at least once a year or they CLOSE the case PERIOD.

EX.Lets say you herniate a disk in your back or neck and don't get surgery and continue to work and time passes over a year without seeing the Dr, you can't come back after a while and say it's now a new injury they will deny your claim.
 
In Texas if you have a comp claim, say a problem with a disc in your back and are treated by authorized doctors you are covered for life of a re-occurrence or exasperation of the same injury.
 

dannyboy

From the promised LAND
john

in your example, you worked a whole year without any complications or pain? no calls to the doc for something to relieve the pain?

in many places, if you go back to work without any issues and work that long without problems, it sounds like the injury is healed.

now, on say day 400, you get on with delivering as you have for the last 13-14 months, but as you make your third delivery, you get a sharp pain in your back. exactly where you were injured before. that would be considered a new injury at ups.

as far as workers comp, in many if not most states, liberty mutual will issue you a claim number to use on that injury. they will also issue you an agreement through workers comp that states they will cover your original injury for the life of the worker.

take knees for example. you injure you knee and have to have the meniscus removed or trimmed. you will get a small settlement for the injury, and the agreement they will cover your medical needs on that knee should you need other surgeries or a knee replacement.

i find your example somewhat far fetched in that you can return to work without a problem for more than a year, and then all of a sudden you start to have problems again, without it being caused by another event. maybe if you were a sup, but not an hourly.

d
 

Johney

Well-Known Member
In Texas if you have a comp claim, say a problem with a disc in your back and are treated by authorized doctors you are covered for life of a re-occurrence or exasperation of the same injury.
See this is a prime example where laws are different. That's why anyone hurt should get comp advice from an attorney not a forum. What maybe good advice for some, maybe bad advice for others. Laws vary from state to state and someone giving advice in Texas to someone in Florida could steer them wrong. In Florida there is no paperwork stating you are covered for life.You are covered only if you keep your case open by going back to the Dr. I learned this the hard way. It cost me 11 months of no pay or benefits until my case went in front of the Judge.
 
See this is a prime example where laws are different. That's why anyone hurt should get comp advice from an attorney not a forum. What maybe good advice for some, maybe bad advice for others. Laws vary from state to state and someone giving advice in Texas to someone in Florida could steer them wrong. In Florida there is no paperwork stating you are covered for life.You are covered only if you keep your case open by going back to the Dr. I learned this the hard way. It cost me 11 months of no pay or benefits until my case went in front of the Judge.
That's why my post started with the words "In Texas", I never said it worked that way anywhere else.
I don't disagree that in many cases you do need a comp lawyer, but I fail to see that they are needed in all cases, at least in Texas.
 

Johney

Well-Known Member
john

in your example, you worked a whole year without any complications or pain? no calls to the doc for something to relieve the pain?

in many places, if you go back to work without any issues and work that long without problems, it sounds like the injury is healed.

now, on say day 400, you get on with delivering as you have for the last 13-14 months, but as you make your third delivery, you get a sharp pain in your back. exactly where you were injured before. that would be considered a new injury at ups.

as far as workers comp, in many if not most states, liberty mutual will issue you a claim number to use on that injury. they will also issue you an agreement through workers comp that states they will cover your original injury for the life of the worker.

take knees for example. you injure you knee and have to have the meniscus removed or trimmed. you will get a small settlement for the injury, and the agreement they will cover your medical needs on that knee should you need other surgeries or a knee replacement.

i find your example somewhat far fetched in that you can return to work without a problem for more than a year, and then all of a sudden you start to have problems again, without it being caused by another event. maybe if you were a sup, but not an hourly.

d
The settlement you speak of is called a disabilty rating and is based on what percentage rate they give you.You receive it after reaching MMI(maximum medical improvement)Forgive me but I forget exactly how the payout works but it's based on your weekly comp payment for 26 weeks. I can not speak for any other state but Florida and with your example of a knee injury after the first meniscus surgery if you do not keep your case open by going back they will not and do not have to replace your knee. I go back to my comp surgeon yearly and when I leave they say "See you before a year".
 
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dannyboy

From the promised LAND
john

on tuesday, december 2nd, i am going back to have more knee surgery done. i did not see the doctor from the mid of 2005 until march of this year. workers comp paid for all the visits, mri, xrays, and have preauthorize this surgery. so for almost three years, no contact.

so yes, laws can and do vary from state to state. and that is why you will also notice that even though i hate lawyers, i usually if not always recommend getting a lawyer. they can and will help you through the complex world that is workers comp, because ups or no one else will.

in many cases, you local will have a comp lawyer that they can recommend. and in many cases they have negotiated with them for a discounted rate to represent you.

d
 

Johney

Well-Known Member
Danny,
I don't really want to get into my case. But yes I did work for a few years in slight/minor pain after going to the comp Dr. and being told what was wrong and that it was untreatable. After a couple of years the pain got much worse. That's when I finally got a good comp Dr. and was told the truth. By then it was well over a year and Liberty claimed Statue of Limitations has expired on that injury your claim is DENIED!(so much for not getting into my case)
 

Johney

Well-Known Member
john

on tuesday, december 2nd, i am going back to have more knee surgery done. i did not see the doctor from the mid of 2005 until march of this year. workers comp paid for all the visits, mri, xrays, and have preauthorize this surgery. so for almost three years, no contact.

so yes, laws can and do vary from state to state. and that is why you will also notice that even though i hate lawyers, i usually if not always recommend getting a lawyer. they can and will help you through the complex world that is workers comp, because ups or no one else will.

in many cases, you local will have a comp lawyer that they can recommend. and in many cases they have negotiated with them for a discounted rate to represent you.

d
I wish it were that way here Danny you are lucky. I have to miss a day of work to see my Dr. I do get paid for the time in the office,maybe an hour. I also get the mileage for the drive reimbursed. When I had my problem the only thing my local said was you need an attorney which they didn't help me find.
 

Johney

Well-Known Member
People need to know their workers comp rights and while most advice givin here is great, I believe comp issues should be kept to the professionals in his/her area. I have guys I work with who have not had big issues with comp but yet have no idea that their case can and will expire. One guy with the same knee issue spoke of by Danny earlier.He was within a couple of weeks from his case being closed yet he had no idea. Maybe info is sent out from the carrier who knows I sure don't ever remember getting anything.
 
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