WC compensation after surgery

Discussion in 'UPS Discussions' started by Brownsky, Aug 28, 2019.

  1. Brownsky

    Brownsky New Member


    I was injured in a slip/fall accident last year while I was delivering. I had several injury's including a torn meniscus, torn ankle ligaments, and permanent nerve damage. Due to the new contract not being passed yet my workman's comp pay was based on my old rate. The wage I was receiving was about $800 per week.

    I returned to work earlier this year, a couple of months later during a follow up visit the doctor tells me I need to go back and have surgery to fix something that didn't heal properly. I was constantly in pain after each shift so I decided to get it fixed.

    I had surgery last week and will be out about 15 weeks. Called liberty mutual to find out about pay. I figured I should be getting the state max since the new contract is now effective, and 70% of my pay is more than the state max of $935. Liberty mutual tells me that my wages are paid based on when the injury first happed. So I wont be receiving the max and instead will receive the previous amount I was getting before. I proceed to tell him that I have been working full time for months with my new wage plus my final progression raise so my weekly income has increased dramatically I explain to them that 70% of my current weekly wage is way more than $935 and that it would have been the same had my new wage kicked in August 1st of last year before my injury. He says they been told my UPS that contract & union negotiations don't carry over to workman's comp and that I am pretty much screwed.

    Does anyone know if this is true? I have money saved up so ill be okay but it doesn't seem right? Im already loosing a ton of money by being out of work due to an injury that happened at work. Not to mention the permanent damage I have done to my leg.I this something the union call help with? $135 bucks x 15 weeks is about 2K
  2. Maple Grove MN Driver

    Maple Grove MN Driver Cocaine Mang!

    Get a Lawyer
    Do not discuss your injury with Management unless a Steward and at least 2 other bargaining unit employees are present.
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  3. Jkloc420

    Jkloc420 Well-Known Member

    sounds right because they would have to go back to when the injury happened
  4. Exactly

    It goes by the pay rate you was making when the original injury happened
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  5. 542thruNthru

    542thruNthru Well-Known Member

    Opinion: you were never actually released from that initial injury so it sounds right.

    Advice: WC is different state by state. I highly HIGHLY recommend you contact a WC lawyer.

    The advice you will get on here will be strictly opinion based on their states rules.
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  6. Brownsky

    Brownsky New Member

    I did get release and came back to work for about 12 weeks. During those 12 weeks at work I had a follow up appointment with the ortho. During the follow up he noticed something wrong and after further examination he determined surgery was needed to correct issue. So I did work full time at my new rate for 12 weeks before I went back out to get surgery.
  7. Johney

    Johney Well-Known Member

    I don't think it matters if you go back if it's the same injury. Same injury....same rate of pay.
  8. MECH-lift

    MECH-lift Union Brother

    Sue the hospital for medical malpractice and pain/suffering ..
  9. 35years

    35years Well-Known Member

    You have permanent nerve damage.

    You possibly have a permanent partial disability claim.

    You could be cleared for work and still have a permanent partial disability that you could get a settlement for. $$$. Just because you can do your job doesn't mean the injury doesn't affect your ability to do other things like sports etc.

    You need a good work comp lawyer to sort out the pay issue along with the permanent nature of the injury and how much you should get for that. One thing I do know is you do not take the word of Liberty Mutual when it comes to compensation.
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  10. Liberty Mutual is a bunch of lying whores.
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  11. 542thruNthru

    542thruNthru Well-Known Member

    If you had a follow up appointment then it doesn't sounds like your were fully released. Yes they sent you back to full duty but you were also being monitored with follow up appointments.

    Again this is opinion. Please don't search for answers here. Find a WC lawyer and get real answers that are accurate to your states WC laws.

    All you're doing here is worrying yourself.
  12. 35years

    35years Well-Known Member

    Could you imagine buying life, home or car insurance from then?

    The most dishonest people I have ever delt with. Our state workers comp case worker even told me he has delt with the Liberty Mutual rep who handles UPS claims.....they have a reputation.
  13. I love when they send me that crap in the mail. I don't even open it.
  14. Harley Rider

    Harley Rider 34 yrs & done!

    Been dealing with Liberty Mutual since 2015. I have had 5 surgeries between then and now. One on left knee, two on right knee, and two on right ankle.

    Liberty Mutual will lie, or do anything necessary to try and keep from paying you. I finally had to get a lawyer and stop the lip service. Do yourself a favor and get a w/c lawyer now! If they are already trying to put the screws to you, it will only get worse from here on out.

    If your state laws are anything like mine, they will be required to pay for half of your lawyer fees upon settlement. My lawyer actually got them to pay for his total fees.

    You think UPS management has integrity problems? Liberty Mutual could school them with no problems. I don’t know how their reps can sleep at night. If I worked for Liberty Mutual, I would have a backup plan in place. No way they wouldn’t turn on their own employees if the need arises.
  15. ManInBrown

    ManInBrown Well-Known Member

    Yup. Buddy of mine hit full rate while out on comp. his weekly benefits didnt go up one penny. He didnt receive full rate until he came back to work.