Work Comp blues..

Discussion in 'UPS Discussions' started by fred, Apr 16, 2007.

  1. fred

    fred New Member

    I've been laid up. I have two badly ruptured disks from an injury at work. I was hurt from company negligence. (I was on their vehicle at the time of the incident). (I am a feeder driver).
    I was just told I will only receive part of my pay. Nothing for pain and suffering. I'll probably end up having disk fusion and a trip to bankruptsy court. Has this ever happended to anyone before? I'm a lifer at UPS. Does anyone have advice? I have an attorney. He said I can't sue my employer.
    What about their negligence and my neck. Union? Any ideas.
  2. over9five

    over9five Moderator Staff Member

    "I was just told I will only receive part of my pay. Nothing for pain and suffering."

    Yes. That is known as "workers comp".

    What did you do? How does a feeder driver get hurt? Why are you blaming the equipment?
  3. woodenfoot

    woodenfoot New Member

    :crying: what state are you in when you get all fixed up and back to work you go after ups in il you get 66and 2/3 of your wage over time is figgured at stright time so you get 66 2/3 of stright time and 662/3 of your avrage over time a week while on comp when you go back to work you or your lawyer settel up but using a lawyer could take some time i myself did not use a lawyer and did good also comp checks are non taxabel so realy you may bring home just as much as you did when working you do miss out if you put in to a 401 or stock program in my 33 years i was on comp a few times some guys called me a comp queen i did some dammage to there safty funds foot
  4. 705red

    705red Browncafe Steward

    You will get roughly 2/3rds of your pay its not as bad as it seems. Its better than being on taw getting an 40 hr paycheck. Your lawyer is wrong if its a on the job injury you will get a settlement from ups and it sounds like it could be a hefty 1 if back fusion is included. Cheer up alot of us get hurt(usually not in feeder) but its part of the job.
  5. abes

    abes abes

    Maria,Not sure where you are,In NY,400 a week max for comp,tax free.Laws are changing,going to go up to 500 a week.You will be entiteled to a workmans comp settlement,have to wait 1 year from last treatment and get a final examination..Also in NY you can not sue your employer,you can sue the mfg of the equipment.We do get hurt in feeders,those deck plates are slippery when wet.Good luck,hope it all works out ok.
  6. fred

    fred New Member

    A steel beam broke loose, fell, hit me square on the head. I was standing on the running board of the truck.
  7. fred

    fred New Member

    look I'm not "bellie-aching". A steel beam broke loose from the ceiling. I was standing on my truck running board and the thing hit me in the head. I am from NY. I just wondered if anyone knows what my rights are. Will the union help or hurt me? Do I get more than comp? I would rather be at work but I'm looking at surgery.
  8. Look into a policy from Unum Provident Ins co. They offered it to us here in New York through the local. It costs about $20-$25 per week for coverage of $2000 per month payable starting the first lost day. Between the comp and policy $900 a week in your pocket. They will pay on any injury at work or home for 1 year .Allows you the proper time to heal and get well before returning to work. I took this policy about a year ago and hurt my shoulder that required surgery. Out of work for 4 months and I could not have done it without the extra insurance money. Comp dosen't cut it....
  9. Anon

    Anon Guest

    400 a week max??? Dam you all are getting screwed. It's around $650 a week here tax free max.
  10. fred

    fred New Member

    Could you send me more info about Unum Provident? Do I contact local even though I'm injured?
  11. dillweed

    dillweed Well-Known Member

    wow, fred, sorry to hear your story but glad you're alive!. One word of advice, if you don't mind, is to write everything down. Use a spiral notebook and record every conversation (doctor and ups), dr visit, phone call, even the rumors - jot them down as such. It makes you more sure of yourself as you refer back to what happened and when. If they try to cheat you later you have everything right there in order.

    Don't know if the union gets involved or not. If the company hassles you I'd think the union and comp board would like to know. Can't see where it would hurt to keep the union posted. I had comp and didn't use the union but we had a good preload sup at that time.

    Now, if the insurance company assigns you a nurse caseworker don't put up with it. They did this to my husband on a comp case and only her function was to keep the doctors from being honest with us. She dominated the office visit and led the direction of treatment. Concentra was the name of her company. We were later told that he didn't have to allow her intrusion. If you get a concentra b***h, get a lawyer. If anything just doesn't smell or feel right, get a lawyer.

    Best of luck and have a strong, fast mend! dw
  12. local804

    local804 Well-Known Member

    400 a week MAX
  13. fred

    fred New Member

    are there other legal avenues for pain and suffering in NY? Either through union or insurance since it was a steel beam that fell (something unusual). To make sure I get my wages and insurance benefits? I have2 small kids w/health issues. I''m worried.
  14. dammor

    dammor Active Member

    Sorry you are hurt Fred. Comp is just Comp though. Your insurance should still be intact. I don't know about NY, but here pain and suffering is included in our hourly wage. You will not receive more money because you are hurt. If you think you deserve more you will have to get a lawyer and see what he/she can do. Good luck..........
  15. satellitedriver

    satellitedriver Moderator

    Sue the people that built the building. If they would have done there job properly the beam would not have fallen. They have insurance(or should), maybe you can collect a check from them. Of course, your lawyer will get the bulk of the settlement.
  16. cachsux

    cachsux Wah

    Maybe I`m a little slow on this but how is the company negligent when your standing on the running board of the truck and are struck by a falling steel beam? Unless your talking of the other company?
  17. Jayhawk

    Jayhawk Guest

    I am surprised how easily some of you folks buy into some of these threads.....Fred is a Fedex'er trying to bash union's.
  18. raceanoncr

    raceanoncr Well-Known Member

    Don't know about that, BUT...How come some posts are signed Fred and some are signed Maria?
  19. fred

    fred New Member

    sorry this is maria (I'm Fred's wife). If you read my email properly I was looking to the union for help. Since no matter how many years of service the company doesn't really care about you personally. My husband spoke with the union today. Compensation is the only way to go says his local.
    Oh, byt he way sometimes I reply for him. He's upset about this whole thing.
  20. fred

    fred New Member

    Negligent in the respect they put the beam on top of the air canisters instead of fastening the beam properly because it saves time.