Work Injury

Discussion in 'Health and Medical Topics' started by Sleeve_meet_Heart, Mar 5, 2011.

  1. UnsurePost

    UnsurePost making the unreadable unreadabler

    I have a few questions to pique the resourceful minds of BC.

    If you are injured- an injury which occured over a period of time - and UPS will not allow you file an injury report or see a doctor concerning workmans comp, what is the next step?

    Should I stop contacting them altogether and hire a laywer on contingency?

    I have developed a condition or better termed a "syndrome" from repeated wear. This syndrome is work related as it never surfaced until several years on the job (approximately 2007-2008). Also, this issue is compacted from a previous on-the-job injury that was reported and documented, which was approximately 6 mo ago.

    How is UPS being self-insured affecting my ability to seek the right treatment and cover these issues appropriately? They've effectively removed me from payroll and said "good luck, enjoy disability, we are not responsible"

    Thanks in advance.
  2. menotyou

    menotyou bella amicizia

    In NY, you go to the doctor of your choice and it gets sorted out in court later. An IME(independent medical examiner, the insurance company's doctor and always remember that) will conduct and separate exam and judge your doctor's findings. I had an MRI at the beginning of my injury that was charged to my insurance that was later reversed and paid by UPS(Liberty Mutual). My injury is from repetitive use. Herniated disks in neck. Lawyers are paid by Workers comp, but if you get a settlement, they get a slice.
    A doctor will decide if its work related. Then, Liberty Mutual will make sure an accident report is filled out. UPS has to pay OSHA $18,000 for every lost time accident in our building. I assume it is that way in other places.
    I hope this helps.
  3. UnsurePost

    UnsurePost making the unreadable unreadabler

    Thanks, it did. UPS put me out of work for fear that I would injure it farther and become an on-the-clock injury. However it is a repeated wear injury exacerbated by an at-work accident. Day to day it can be too painful to live with. However, my doctor never put me out of work - only recommended physical therapy.

    So the starting point should be: I must to go back to my doctor and he decides if this is work related, which, down the line, would be independently scrutinized by UPS IME?
    Thanks again
  4. menotyou

    menotyou bella amicizia

    I don't understand the part of UPS taking you out of service. How? Did you grieve? That would be an admission of guilt, in my opinion. Are you being paid? If you live in Indiana, I think, they take care of you very well. Not so much, in other states.

    QKRSTKR Active Member

    I would make sure you have a doctor saying you are unable to work. To me that sounds like step one. Your doctor prescribing therapy is hardly putting you on disability. Did your doctor give you work restrictions, such as weight? UPS is only going to send you to their doc. if you are hurt while working. I'd say you are on shaky ground right now. Make sure you cover yourself. I'd be filling out some FMLA papers and short term disability papers.
  6. UnsurePost

    UnsurePost making the unreadable unreadabler

    My doctor did not give any restrictions.

    UPS will not allow me to return to work until my doctor OKs a return to work.

    My doctor did not take me out of work, though. I could not and cannot perform the work so I booked off and saw my doctor. That is the only visit I've had.

    I did not mention whether it was on the job, off the job, or anything other than the pain I have been having.

    I've had aching pain in my left knee for several years, starting in maybe 2008? It was tolerable and temporary, only lasting a few hours to maybe a day and only occuring once to two times a month.

    6 mo ago was attacked by dog, while delivering. He not only got into my knee because I "let" him, naive to the fact it would actually run and bite me. It caused me to have to "jar" or twist when I tried to kick him off/away of me after the fact. Since that incident (aside the couple days of pain from the bites), gradually, the knee has become twice as difficult to deal with. some days - for ex, where I cannot get up from a sitting or kneeling/stooped position without having to use support of both arms.

    This pain was diagnosed as a syndrome where muscle tissue in the knee is weak and the rubbing of the kneecap against bone (or ligament? not sure) causes pain to flare up. I'm confident this is work related, not only the wearing of the knee/kneecap/muscle but the accident where I bitten on the front/side of knee and was forced to react in an awkward way.

    The problem with FMLA and STD is that those are meant for those who are hurt outside of work, or have extenuating medical conditions. This is not either of those, so it would seem like the wrong thing to do.

    UPS would love that as it would hide another injury ( currently they are covering up several work-related injuries to prevent lost time, as always.)
    Last edited: Mar 5, 2011
  7. menotyou

    menotyou bella amicizia

    Go back to your doctor and explain it to him. He knows when he saw you and what for. Once he determines it is work related, call a comp lawyer. You might think about calling Liberty Mutual and reporting the accident yourself. Not sure on that one, yet. Think about it and ask your lawyer. Either way, the number is(ny) 1-800-422-0820.
    Don't use any personal leave or your insurance. Make sure Liberty Mutual pays for that doctor visit.

    QKRSTKR Active Member

    I'm not saying to cover it up or anything. Where I'm lost is how can UPS not let u work. Show up monday and work. If you are not off by a doctor how can they deny you to work? U say to them my knee hurts, I can't work, they say go home? When is the last day you worked? You don't have to call in an injury as soon as it happens. How are they denying you calling it in? Have you talked to a steward. Or call your BA at your local.

    We had somebody say they hurt their back on Friday and called it in on Monday. It was a de-generative thing. UPS fought it, but this individual ended up winning, but it was a long fight.

    QKRSTKR Active Member

    p.s. As far as the FMLA/ST disability I'm just saying make sure you are covered. You definitly need to go see your doctor again and explain you are unable to perform your duties at work. I'm saying don't get caught (fired) for un-excused leave of absense. Make sure you document and keep all your records.
  10. menotyou

    menotyou bella amicizia

    QKRSTKR makes a valid point. I don't understand how you are not working, yet have no doctor's note. Not trying to be nosy, but how are you getting by?
  11. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Go back and read post #6.
  12. UnsurePost

    UnsurePost making the unreadable unreadabler

    The doctors visit paperwork explains the condition I have an the recommendation for PT. It does not include any excused absence, which is a good point. I will try to have that cleared up on Monday.

    went into work last Wednesday to punch in and fill out documentation for an at-work injury and was denied by supervisor to report any injuries. :greedy: I'm guessing it was because I already lost time, the company could not weasel out of the lost-time injury, penalties and DART goals at that point by giving me light duty.

    I found it odd that not even 3 full days after reporting the leg pain and NO followup on my part, that I was already removed from the system as an active employee.

    Then on Friday I went to the co doctor and was denied. The management team had me on the cell phone, recording the convo? or at least speakerphone, trying to cunningly maneuver an admittance from me that the injury occured off the clock and to assume responsibility.

    Anyway, it's a mess but thanks for the help/advice !!
  13. menotyou

    menotyou bella amicizia

    I would be filing a harassment grievance on the fact you can't report an injury, on lost time,on being removed from system and a slew of other things I will think of eventually. I would be calling Liberty Mutual, too. I don't think its a requirement that a supervisor make the call. Based on what you have said, I would tell Liberty the name of supervisor who denied your claim. That isn't his place. It is the job of the IME, not the doctor who decides is you have sugar in your urine. A doctor trained and board certified. Was the co dr board certified? I would call the Dep't of Labor and see how they feel about that. Maybe OSHA, too. Have that number, if you need it. This is a mess. Sorry.
    UPS is trying to get my medical records without asking for my approval. Very sneaky, did they think my doctor wouldn't call and tell me?
  14. UPSGUY72

    UPSGUY72 Well-Known Member

    Go see another Doctor and get a second opinion. Then file an injury report if your SUP won't let you go over there head and call His boss or your HR Rep and tell them your SUP won't let you file a injury report.
  15. UnsurePost

    UnsurePost making the unreadable unreadabler

    That is a lot to think about.

    I'm not surprised UPS is trying to get medical records. It's obviously law that medical records cannot be released without your direct consent, so I'm pretty sure UPS realizes this when they tried to obtain them ( basically putting the ball in your court as to whether or not you want to reveal something)
  16. UnsurePost

    UnsurePost making the unreadable unreadabler

    You are correct, how am I going to see another doctor though? Referral?
  17. menotyou

    menotyou bella amicizia

    They will find out that I am still in work-hardening therapy. Hahaha!!!

    As for another doctor, ask your doctor for a referral, or just go to local urgent care. Either one can refer. Be sure to tell them it is work related. They will bill Liberty Mutual, who will bill UPS. You will need an injury date.
  18. UnsurePost

    UnsurePost making the unreadable unreadabler

    I went to a walk-in and they denied my insurance, will not take, and UPS denied it was a work injury so they would not cover it. That was one of the UPS approved doctors. Is that what you are saying?
  19. UPSGUY72

    UPSGUY72 Well-Known Member

    Yes that would work or just make an appointment with another Dr. Call the number on the back of your Insurance card and tell ask them what your option are about getting a second opinion. I know where I'm at I can go to just about any Dr without a referral.