UPS workers comp

[hseofpayne]

I have been a UPS employee for over 20 years. 14 months ago, a lady pulled out in front of my UPS car and I hit her pretty good. So far I have had surgery to repair my shoulder, torn rotator, tendon torn as well. Also have two bulging and 1 herniated disc in neck. I have started treatment on my neck with epidural shots and am waiting to see if they work. In the meantime, Liberty mutual is trying to buy me out for $60000, no future insurance and no job. I sain no. I was wondering if there was anyone out there who had been thru this before. Saw where there is a class action lawsuit against UPS for not trying to help injured workers return. I have been released to light duty for months now but UPS says I can't return until I am 100%.

 

[Backlasher]

Sorry to here about your condition. I have no helpful info for you but I hope things work out for you. I'm just a part time driver but I always have the situation your in on my mind. We rely on our back and need this to support our families. I work this and warehouse as 2nd during the week and another delivery job on weekends.
That what IF question worries me. I worry more about how can I take care of my family if something like this was to happen?

Can you get workers comp for this??
What about disability???
Is UPS fighting you on theese things.

I don't trust Brown to play nice in situations lke this and with the work load they put on us I don't care how many safty trainings, PCM speeches or papers we sign agnolaging proper procedures we are made to go through. I don't deny that it's helpful but at the end of a long brown day and at 30 yrs till retirement these things are a big posability for any of us and I just wonder. In the end brown looks out for itself, not us.
I'm not crazy or gung hoe about unions but could imaging what it would be like without one.
Is the union giving you any good help on this matter??

Sorry, instead of answering your questions I have instead giving you more, if you give me feed back on these thanks, If not I understand.

I'll pray for you.

 

[hdkappler]

why don't you call a lawyer who handles workman's comp.they can give good advice.i've heard guys who have hired lawyers say the company can't hold that against you.and if mgt. ask questions have them deal with your lawyer.

 

[hseofpayne]

Backlasher; My first advice would be to make sure n get disability insurance. I didn't so I am trying to live off of $450 a week. Where I am from, $450 is the cap on workers comp. Once a doctor releases you to light duty, Ups allows you to work 29 days at which point you are not allowed to come back until you are 100%. One year from the day you are released for light duty, even though liberty mutual knows you aren't allowed to return, your workers comp reduces to $300 per week. $450 a week sounds like a lot to some, but it is about 1/2 what I had been living on. The bills keep coming and if not for my brothers ,I would be bankrupt by now. So get enough disability ins to cover difference between $450 and what you need to live.As far as the union goes, they suggested I take a temporary break from being in the union until I could afford to pay dues. Other than that there has been no help. Some of my fellow drivers took up a collection at Christmas which was a blessing. My only other advice is that as a young driver you must protect your back. Don't let management push you to the point you take shortcuts that are unsafe; example not using handtrucks because of aggravation of getting it in and out of car. You can't be fired for production unless you have other issues, but apparently in cases like mine UPS wants to get rid of you. Good luck in your UPS career, do your job by the book, and be safe out there

 

[hseofpayne]

HDKAPPLER; I have 2 lawyers, one for the lady who pulled out in front of me , and a workers comp lawyer. UPS fought me on my diagnosis, sent me to get independent medical exam to prove I neede surgery. I wrecked in JUne, got my operation following January on shoulder. I just started getting treatment for disc trouble.Now it seems they will fight to say I won't be able to perform duties before I even finish being treated. Google UPS ada lawsuit, and you will see what there usual practices are when drivers are injured

 

[JohnnyPension]

Hope that is not a recent picture of you holding that very nice, BIG looking fish. Sure looks heavy.

 

[Load Stand]

It depends on your jurisdiction what your claim is worth. But whatever you may get in a lump sum settlement will not replace what you have available as an active employee.

If you have a few years to go before you can get a good pension, you should try and return asap. If you cannot return to work at full duty, then take the lump and get re-employed elsewhere in an easier job. It is not fair to UPS nor you to try and work at a job you can no longer do. But UPS/Liberty will give you a lump that is based on the boundaries of your jurisdiction. It will not be far less or far more than average.

 

[Johney]

I hope that isn't your pic in the avatar. Have you had any mediation's with UPS/Liberty Mutual? Is that where you got the $60,000 amount from? I understand any $$ amounts discussed during mediations are under strict confidentiality(sp?) at least that's what they told me during my mediations. I suggest not discussing $$ amount's here and discuss these issues with your attorney as anyone here that has settled comp issues with Liberty/UPS have agreed not to discuss it in detail.

 

[hseofpayne]

Dear Johney!!! I haven't been to mediation, that was just the initial offer from liberty. Noone has told me I couldn't discuss my case and I believe this forum offers me the chance to see how other people in similiar situations have been treated. As far as the picture goes, it is an old one but even if it wasn't, I have been released to light duty; nothing over 20 pounds; and I assure you if this fish was over 20 pounds you would have already seen this picture!! If it was up to me ,I would be at UPS right now doing light duty work but they won't allow it. UPS spent 6 months after the accident trying to prove I wasn't really that hurt and now it seems they will try to say I am to hurt to work again. I don't want a lump sum, I want my job back. It wasn't my fault I got hurt but I have been treated like I wasn't really hurt at all. Ups doctor diagnosed me with a shoulder strain and neck strain, turned out to be much more serious. My goal all along has been to make it back to work, but only after I know I won't end up crippled from this job like so many old timers I have watched limp out the door. I have heard it all from other drivers about how I have it made, not having to work, but I doubt any of them would want to trade places with me. Weekly doctors visits, daily painful physical therapy, being to broke to pay biils let alone enjoy time off, having 2 different insurance companies watching to see if you are faking injury. Oh yeah, loads of fun!!! My fate has seemed to be out of hands since the moment I wrecked.

 

[hseofpayne]

There, I think I changed my avatar, sems everyone was offended by my large fish. I assure you the insurance companies have plenty of pictures of me. I love to fish more than breathing sometimes; I don't think I violate the light duty limits by catching a fish. I still have a life to live and I would figure out how to fish if I was in a coma!!!

 

[Load Stand]

The injuries you describe are, I am sure, not fun to deal with. Unfortunately more often than not, those drivers involved in auto accidents in which others are at fault, get too creative - hence the suspicion early on about you.

But I have seen others return to work after much more, such as lumbar or cervical fusions. I have personally seen those that want to return to work - do so. And those that don't want to or want to sit back and play victim, not return to work. Also, even if the other party is at fault, Liberty Mutual will want their medical bills and wages paid back as well, before you get your alleged pot of gold at the end of the rainbow that the lawyers tell you about. It's never as big as you hope.

The best course is to return to work with the understanding you may not feel like you are totally healed. Keep in mind, you are not a teenager and chances are you would have similar aches and pains anyways due to aging. And the real meal ticket is getting the pension/retiree healthcare that you have almost earned. Don't let the lawyers fool you. Getting back to work as soon as you can, should be your goal! And help us move some packages. Else take the lump and start a new, less physical career.

 

[Johney]

Dear Johney!!! I haven't been to mediation, that was just the initial offer from liberty. Noone has told me I couldn't discuss my case and I believe this forum offers me the chance to see how other people in similiar situations have been treated. As far as the picture goes, it is an old one but even if it wasn't, I have been released to light duty; nothing over 20 pounds; and I assure you if this fish was over 20 pounds you would have already seen this picture!! If it was up to me ,I would be at UPS right now doing light duty work but they won't allow it. UPS spent 6 months after the accident trying to prove I wasn't really that hurt and now it seems they will try to say I am to hurt to work again. I don't want a lump sum, I want my job back. It wasn't my fault I got hurt but I have been treated like I wasn't really hurt at all. Ups doctor diagnosed me with a shoulder strain and neck strain, turned out to be much more serious. My goal all along has been to make it back to work, but only after I know I won't end up crippled from this job like so many old timers I have watched limp out the door. I have heard it all from other drivers about how I have it made, not having to work, but I doubt any of them would want to trade places with me. Weekly doctors visits, daily painful physical therapy, being to broke to pay biils let alone enjoy time off, having 2 different insurance companies watching to see if you are faking injury. Oh yeah, loads of fun!!! My fate has seemed to be out of hands since the moment I wrecked.

Sorry house didn't mean to get you upset,just wanted you to know what I've been told. I have never seen a driver in 20 years of service get a job created for them because of a w/c injury. I was able to return to work even with a 20% disability rating only after goinig through work hardening programs that tested my abilities to meet UPS standards. Only advice I can give is keep in tight contact with your attorney get what surgery you need to make the pain go away make them pay for it as it is your right. Don't give up at all. FIGHT THEM YOU WILL PREVAIL!!! Although it may seem like you are at the end of your rope and can't take it any longer financialy and emotionaly.Take it from me I've been there. Had my benefits cut, pay taken away and all but told I was fired because I was hurt on the job but denied my claim. I fought them and won and I feel good about it.

 

[hseofpayne]

Sorry house didn't mean to get you upset,just wanted you to know what I've been told. I have never seen a driver in 20 years of service get a job created for them because of a w/c injury. I was able to return to work even with a 20% disability rating only after goinig through work hardening programs that tested my abilities to meet UPS standards. Only advice I can give is keep in tight contact with your attorney get what surgery you need to make the pain go away make them pay for it as it is your right. Don't give up at all. FIGHT THEM YOU WILL PREVAIL!!! Although it may seem like you are at the end of your rope and can't take it any longer financialy and emotionaly.Take it from me I've been there. Had my benefits cut, pay taken away and all but told I was fired because I was hurt on the job but denied my claim. I fought them and won and I feel good about it.

Thanks Johney! Sorry about the tone, I had just gotten the letter from Central States informing me I had no insurance but if I would send them just $240 a week , I could maintain my coverage; this after they did nothing for me for the 14 months I have been out. I have also been told I won't be able to take any medications UPS doesn't approve of; did this happen to you? Also, what is this Hardening Program you speak of?

 

[hseofpayne]

The injuries you describe are, I am sure, not fun to deal with. Unfortunately more often than not, those drivers involved in auto accidents in which others are at fault, get too creative - hence the suspicion early on about you.

But I have seen others return to work after much more, such as lumbar or cervical fusions. I have personally seen those that want to return to work - do so. And those that don't want to or want to sit back and play victim, not return to work. Also, even if the other party is at fault, Liberty Mutual will want their medical bills and wages paid back as well, before you get your alleged pot of gold at the end of the rainbow that the lawyers tell you about. It's never as big as you hope.

The best course is to return to work with the understanding you may not feel like you are totally healed. Keep in mind, you are not a teenager and chances are you would have similar aches and pains anyways due to aging. And the real meal ticket is getting the pension/retiree healthcare that you have almost earned. Don't let the lawyers fool you. Getting back to work as soon as you can, should be your goal! And help us move some packages. Else take the lump and start a new, less physical career.

My questions are based on the fact that liberty mutual is already making offers before I finish treatment like they know something I don't. I wanted to know if this was standard operating procedure. Did I mention I have 2 fingers on my left hand that stay numb half the time!! I dont think that is part of aging, if so I should expect to be comfortably numb all over in just a few years! I don't expect a pot o gold but I would like to have a pot to piss in when this is over. I owe every member of my family lots o gold for keeping me afloat and I have been involved with lawyers and wrecks before so I know they always get thers and UPS gets there gold back too. I had a wreck in '93 , lawyer got 1/3, wife in middle of divorce got 1/3, and UPS sued me for the other 1/3 . In case you are counting , that left me with nothing, so I ain't expecting much now. Also lady who caused this last wreck has already gone bankrupt, got that letter a couple days ago. As they use to say on Hee Haw, "If it weren't for bad luck, I'd have no luck at all!"

 

[trickpony1]

Also lady who caused this last wreck has already gone bankrupt, got that letter a couple days ago.

....what a coincidence!
I'm not sure I would believe that.
She may have declared bankruptcy in order to protect her "assets".
Your attorney can determine if she is concealing her "assets" so that you can't/don't seize them.

 

[hseofpayne]

....what a coincidence!
I'm not sure I would believe that.
She may have declared bankruptcy in order to protect her "assets".
Your attorney can determine if she is concealing her "assets" so that you can't/don't seize them.

Thanks for the info Trickpony. I am sure if it effects how much the lawyer gets, mine will be investigating. I really don't trust anyone involved in this to look after my best interests, well maybe my orthopedic surgeon, but then Iguess doctors want to make money off workers comp just like lawyers. Funny how the one who is actually injured turns out to be the last taken care of!!

 

[Early Retirement]

Hello HSEOFPAYNE, I've been on this site for years but just now registered after I saw your post. Less than a year ago I settled a workers comp claim with Liberty and UPS. First thing you do is stop talking to Liberty and get a lawyer. They will try there best to get you gone by any means necessary, including private investigators to see what you do all day long, so be careful. Send me a PM if you want.


EDIT: I see you have a lawyer, that's a smart move.

 

[Big Babooba]

Hello HSEOFPAYNE, I've been on this site for years but just now registered after I saw your post. Less than a year ago I settled a workers comp claim with Liberty and UPS. First thing you do is stop talking to Liberty and get a lawyer. They will try there best to get you gone by any means necessary, including private investigators to see what you do all day long, so be careful. Send me a PM if you want.

I would advise EVERYBODY with a serious on the job injury to get a lawyer BEFORE Liberty Mutual calls. Your best interest is not Liberty Mutual's best interest.

 

[beatupbrown]

Hseofpayne the surgeons even have a agenda they get business from Liberty Mutual, so you have to watch every one involved. If they give a opinion that Liberty Mutual does not like the money train will stop for the surgeon. Liberty will have nurses breathing down the neck of the surgeons trying to get you back ASAP even when you are not even close.
Then the physical therapist are part of it too if you are not making progress they make you out as A faker.
Again if the therapist are not saying you are ready even when you are not they risk losing lots of money form future patients.
I wish you luck my friend there are hundreds of people that have gone through what you are going through.
YOU MUST GETA GOOD WORK COMP ATTORNEY ask the union hall for one for starters.

 

[hseofpayne]

Hello HSEOFPAYNE, I've been on this site for years but just now registered after I saw your post. Less than a year ago I settled a workers comp claim with Liberty and UPS. First thing you do is stop talking to Liberty and get a lawyer. They will try there best to get you gone by any means necessary, including private investigators to see what you do all day long, so be careful. Send me a PM if you want.


EDIT: I see you have a lawyer, that's a smart move.

Thanks for the advice, got 2 lawyers! I have had folks watching and taking pictures for a long time now. Thought they would back off after I had surgery on my shoulder, surgery being approved by their independent medical examiner; not really sure if they have or not. Seems like an awful waste to try and get rid of a 23 year experienced man. Guess we are never worth what we think we are worth. Guess all those times I had a manager say they couldn't make it if I didn't come to work that day, he was wrong!!! I hope your settlement was what you will be able to live with, I am sure it wasn't what you wanted. Its amazing how many people assume you don't want your job back, without considering how much we really want our job and our health back.