UPS Work comp. Support Group and Bitch Thread. . .

Discussion in 'UPS Union Issues' started by cheeks, Aug 20, 2013.

  1. cheeks

    cheeks Member

    I just wanted to begin a thread to have a place to vent and pass pertinent information about work comp issues and complications. Just remember that work comp laws vary from state to state, Kansas, where I reside, is probably the worst. Please keep personal information, just that, personal. There are creepers on here the could use information against you. But to have a place where we all can congregate and unload over a few beers with our peers that understand is mentally healthy.
    I was injured mid summer, back injury. reported injury at the moment it happened. Went to company doctor. told pre-existing condition. Released to personal phys. Went to personal phys. and was told it is not a pre-existing condition that caused my injury. now waiting for lawyers doctor appt. to verify injury could have happened on-the-job. It's a horrible waiting game. I've stated that all I want to do is get treatment and get back to work. Anybody been through this? Were you able to draw Short term disability while waiting for a determination? I'll run out of FMLA before this even hits the panel for a decision.
  2. balland chain

    balland chain Member

    Jeez, I thought NC was bad. I have been out one year and with the exception of waiting six months for the surgery I needed ( due to LIberty Mutual sitting on their ass) it has not been too bad. I played the game, go to the company doc over and over again. Go thru PT for a month and a half. I kept telling them that I was still in pain even though I could do some of the things they asked.. Finally, Doc sent me to a specialist that ordered a MRI, ( asked case worker why it has taken so long to get this done) and of course it showed the fracture and other damage for the accident. I am now totally frustrated with the who situation. Especially Liberty Mutual dragging their ass, because UPS is no longer covering my insurance and the cobra payment is 1200.00 per month. Had LIberty Mutual done the right thing from the get go, I may have already returned to work. I am still not 100% and may required another surgery. I pray I dont need another ! I just learned that you can file for Social Security Disability, and I did just that last week. My hope is that they will make the first payment retroactive so I would get one year of benefits in the first check ( this happened to a friend, so I hope it happens to me) . My friend did have to get an Attorney to help with his case, and I think they take a percentage.
    Hang in there, stand your ground ! If you are out of work, either go to a Social Security office in your area, or you can do this online. If you are not getting a comp check you should be able to get disability from the union. You may even qualify for unemployment since you are not working. Get an Attorney, a good one ! Dont let Liberty Mutual bully you around like they usually do. UPS and Liberty Mutual alway think us injured workers are either lying about the injury, or as I was asked by Liberty Mutual wanting a vacation! Check into your options, SSI, Unemployment and Union disability. GL
  3. Johney

    Johney Well-Known Member

    Not 100% sure but the likely-hood of your personal insurance paying short term disability for a work related injury is not good.
  4. cheeks

    cheeks Member

    [I played the game, go to the company doc over and over again. Go thru PT for a month and a half. I kept telling them that I was still in pain even though I could do some of the things they asked.. Finally, Doc sent me to a specialist that ordered a MRI, ( asked case worker why it has taken so long to get this done) and of course it showed the fracture and other damage for the accident.]

    At least you got to play the game. I got kicked out of the company doctor by week 3. Sent to my personal physician for follow up where I finnally got my MRI. That's when we saw the rest of the story. Personal doctor is not a ortho doctor so I have to use my second opinion money on a ortho doctor that my lawyer recommends. Still a month away from that appt. (SMH)(facepalm)
  5. cynic

    cynic New Member

    Lots of abuse across all industries and companies with injury on duty claims but it just seems that those with a legit claim are the ones that get put through the insurance (Liberty Mutual in our case) wringer. There are lots of frivolous lawsuits and lots of money to be made by attorneys getting an out-of-court settlement - I'd hope your local could provide you with the names of some good attorneys. Not a fan of lawsuits but if you're injured on the job you deserve to be fairly compensated especially if you are unable to return to work or if the insurance company drags their feet.

    My personal favorite - getting injured in the middle of the night (inside) and the FT sup's wanting you to wait until the urgent care clinics open up at 8am instead of taking you to an ER. I believe there's a federal complaint that can be filed on that - anyone know what that would be?
  6. UnsurePost

    UnsurePost making the unreadable unreadabler

    UPS and Liberty Mutual, a winning team.
  7. cheeks

    cheeks Member

    For me Prudential.
    [I'd hope your local could provide you with the names of some good attorneys.]
    Our local has one of the best (and expensive) on retainer.
    Here in Kansas, attorneys are entitled to 25% of your work comp and 25% of your settlement.
    It's a good plan to get hurt enough to need an emergency room.
  8. didyousheetit

    didyousheetit Active Member

    I just read this morning that A-Rod is filing lawsuit against team Drs. for medical malpractice because they didn't diagnose his injury correctly. Now I don't want to get into his p.e.d. story, but I wondered if we can sue the company doctors as well. Since, they could order mri's but don't. Many times that is the only way to diagnose the problems, instead of their x-rays that never show nothing unless your femur bone is protruding out your thigh.
  9. DriveInDriveOut

    DriveInDriveOut This Is The Last Stop

    It's been a while since I was hurt on the job (different job), but I had a choice between 3 doctors, I think that is the law. So it wouldn't really be the company's doctor, it would be your doctor. So you would be looking at a malpractice lawsuit, which a dozen different dirtbag lawyers would jump at I'm sure. Just don't complain about health care costs afterwards because you would be contributing to that madness.
  10. balland chain

    balland chain Member

    That is a question I will be asking my attorney.. I did all that was asked of me. I never missed a doctors appt. or PT appt. Of course, they will do X-rays , that typically don't show anything but broken bones..My foot was so swollen for weeks, all the X-rays were inconclusive as was a bone scan.Not until the MRI was finally authorized when the surgeon demanded it, were the injuries and my words validated.. I don't know if the Doc-in-the box can be held accountable for failing to properly treat the injury, now causing me to pay that damn Cobra. Here in NC we have to go to the UPS doctor, and he is the only one that can refer you to a specialist. Only if you are seeking a second opinion, can you in writing request a second opinion. I hope to find something out tomorrow from my attorney, but with the laws favoring companies, I doubt I will have any recourse. Of course, Liberty Mutual and UPS will say paying for Cobra is my choice therefore they have no responsibility for paying me back, or having the amount I will have had to pay being part of of the settlement. The laws here dictate how much you will be compensated based on your injury/rating. The bottom line, this injury will have cost me 33K in 401 K contributions, 9K in UPS stock, most likely in the area of 8K in Cobra payments and possibly more if a second surgery is needed. So, if this company & Liberty Mutual think we are enjoying ourselves with our injuries, please take note of the above numbers and tell ME how this is enjoyable, not to mention the excruciating pain that I was in after having a bone removed, and cartilage removed to a joint that is still not right. I know they may not be comfortable, but guys get a pair of steel toe boots to protect your feet! I sure wish I had a pair on that night !! I only wish I had A-Rod's pay for one inning of baseball so I could retain another attorney to fight this, but UPS and Liberty Mutual have unlimited resources to fight us hourly workers so they will have to pay as little as possible.. Hell, they would spend 10K in legal fees to prevent us from getting one cent more. And they wonder why our attitudes are so bad ?*!!
    Last edited: Aug 20, 2013
  11. balland chain

    balland chain Member

    Only for themselves !!!! Certainly not for us out there busting our A**'S
  12. balland chain

    balland chain Member

    I wish you the best of luck, I can totally understand your frustrations. My case worker did ask the surgeon if the surgery was needed because of the injury, or could it have been a pre-existing injury.. He quickly put her in her place and said by no means is this a old injury. If it were an old injury there would be many more problems in the joint area.. I had to contain myself since I had taken pictures of my injury, and the next morning at the Doc-in-the box, my foot was huge and black and blue, and I was not able to walk, much less press a clutch in a tractor all day.. Hopefully my Attorney have some answers , as I would like to get this fixed and get back to work ASAP. This is about killing me financially ! I pray that Social Security has an answer for me in the next week or so... GL..
  13. rod

    rod retired and happy

    All I can add is keep DETAILED notes on every phone call, Dr's appointment and everything connected to your injury. Make duplicates (better yet triplicates of everything). NEVER give up any origional paperwork on your case to UPS or Liberty Mutual----give them a copy if they need something. Get a work comp laywer if it starts to get out of hand (it will if its a major injury). Its an up hill battle but if you cross your T's and dot your I's its winnable.
    I was lucky enough to only have to deal with work comp once in my 30 years. (back injury when I was in my 17th year-- it was handled with therapy and traction) I only missed 2 and a half months but I know several drivers that had back surgeries that required surgery who were off for a LONG time (one was off for over 4 years). Even with my "minor" back injury it was Hell dealing with both Liberty Mutual and UPS.
  14. UnsurePost

    UnsurePost making the unreadable unreadabler

    There's nothing "winnable" I can assure you.

    The case that I won, they're still denying all medical visits for injury being work-related. It's pretty sad how low this company has gone. Everyone is a liar, no one is really injured...

    Our "safety" team are on the phones with the company doctor during my visit (I can hear them coordinating), and UPS faxes over things for the company doctor to have me sign (basically, saying in small-print that the injury isn't work related, trying to trick me into signing a bogus document) there something wrong with that?
  15. cheeks

    cheeks Member

    That's totally believable. UPS gets smarter and smarter handling injured workers all the time. That's why I wanted this thread to share some of UPS's tactics and maybe save someones job in the process. We all need to stand together and push back. The Corporation acts like our jobs is easy and if you follow the safety methods the would no longer be any injuries. Horse s#!t! This is a grueling job that takes everything out of you on some days and most of it the rest. I'd like to see those corporate f*@ks do what we do day to day and hold it together.
    I'm glad you said that UPS is holding back your medical visits and I plan on not signing anything until my lawyer takes a look at it, thanks.
  16. Johney

    Johney Well-Known Member

    Once you obtain counsel they can't have you sign anything,if your lawyer is good he/she would have already sent paperwork stating that anything comes to him/her first. Good luck finding a lawyer to take a medical malpractice lawsuit unless you have an x-ray of something left in you after a surgery. Malpractice is hard to prove and most if not all attorneys will pass it up unless you have GOOD proof of something(scalpel left in you after surgery). If your case is going to go to trial in front of a workers comp judge then your lawyer must ask for what you want in a judgement. Ask for all attorney's fees,any out of pocket expenses,back pay,health and welfare as long as you were out,past present and future medical care,mileage for all past Dr's appointments.All this can add up. Keep track of everything,get a good attorney and you will be fine. It may take some time and that's what THEY are counting on you crumbling. You will prevail in the end.
  17. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    Our local insists that when we are injured we go to our own doctor or the ER right after we notify UPS that we are injured. I haven't had any injuries that serious yet so I can't speak to whether or not that actually helps or not. I just think its funny when I see Liberty Mutual's commercials claiming that responsibility matters. Liars!
  18. cheeks

    cheeks Member

    Luckily there's nothing malpractice yet, but I'd sure like to hold the company doctor responsible for something. How can they look at an e-ray and say nope, nothing wrong, then you get an MRI and 'SHAZAM' lookie there- there's what's wrong.
    I'll be headed to a work comp judge, but in kansas your only allowed so many things. yet to find out for sure, but i'll damn sure throw the kitchen sink at em'.
    Already have a page of mileage and time to dr. office visits to get FMLA straightened out and use of FAX machine at the center.
  19. Johney

    Johney Well-Known Member

    Good luck. Just make sure that your lawyer specializes in workers comp, if so you'll be fine.
  20. satellitedriver

    satellitedriver Moderator Staff Member

    I am presently off on disability after having surgery for an right side Inguinal hernia, 8 week recovery.
    There has not been any glitch in my healthcare that a 5 minute phone to Central States call has not corrected.
    This ain't my first rodeo with Central States, and UPS.
    In 1994 I had a left side hernia surgery, 12 week recovery, during peak, and not a glitch with doctor's, or insurance coverage.
    In 2010 I had half my colon removed due to cancer, 8 week recovery and only had to pay 38$ to a pathologist.
    Never in my 27 years employed at UPS have I ever been denied the promised coverage.
    Any time you have to lawyer up, be prepared for a fight.
    Best of luck.