Work Injury

[Babagounj]

Explain to your doctor that it's an on the job injury .
Bring along all medical records you have about this and follow his/her advice .
You are their patient and your care comes first .
See if you doctor knows any W.C. lawyers .
Always explain everything in detail to the lawyer .
And if there are any hearings with OSH or a company rep . , do not go to them alone .
Always bring along your own witnesses, hopefully your own lawyer or union rep .

First most you have to protect yourself .
Do not let the company make decisions for you .
Do not sign anything without first consulting your doctor and/or lawyer .

Most W.C. lawyers will work for a % of anything you could collect .

 

[barnyard]

I doubt that I would get an attorney this early in the game. Google your state's comp laws and make sure that the laws are followed.

You would be surprised how easy things go, if you know the comp laws for your state.

 

[dukesethington]

On Friday in the evening, I received a phone call from the adjuster. He wanted to know what happened, so I sent him an email of the description of what happened.

 

[Wally]

You just hit the lottery. Laywer up. Start wearing a neck brace and use a cane.

 

[Daf]

Nobody has done anything wrong and everybody is acting like management threatened his life. Dear Lord.

I tip my cap to you if you are a manager that does the right thing. There is a reason that every one is responding like this. I have a coworker who was lied to repeatedly. Ended up calling the state to find out our management had lied, and had not filed the injury. They beg everyone to put injuries on their own insurance, give days off for you to heal up, etc. just to keep it off the books. There are some managers that will go to any lengths to cover up injuries.

 

[DieHardUPSER]

I tip my cap to you if you are a manager that does the right thing. There is a reason that every one is responding like this. I have a coworker who was lied to repeatedly. Ended up calling the state to find out our management had lied, and had not filed the injury. They beg everyone to put injuries on their own insurance, give days off for you to heal up, etc. just to keep it off the books. There are some managers that will go to any lengths to cover up injuries.

I am no longer in operations or package but when I was there and my sort/center had an injury I would get a phone call and the question ALWAYS was "why did you report an injury?" The expectation is that we should have done something to make sure it was not reported. Nobody cared how the employee was or if they needed support, they only cared if it was going to be a lost time injury or not. I guess my point is, local management is under pressure from outside their chain so even if you do have a manage that wants to do the right thing, doing the right thing usually means that the manager takes the heat for it.

 

[clean hairy]

I honestly do not remember, but the contract may state an employee is so to speak on the clock while obtaining medical treatment for an on the job injury.
Also, management is not to go in the exam room, they must be in the waiting room.
If it looks like you may be off several weeks, get a withdrwal from the union so you do not come back to work owing big bux for dues.
Once you return to work reinstate the union.
If you are off several weeks, you will still be covered under company insurance

 

[dukesethington]

I got an attorney only because the Dr has been pushing me to go back to work, he doesnt even know what UPS is. He tried the day after the injury while I was still taking pain meds. Let me voice that Im not suing the company, im only using the attorney to get the help I need because i havent been informed very well on whats supposed to happen after. My full timer has been on vacation since the day after the injury occured. Still havent received any copies of the OSCHA report or the first injury report.

 

[UPS Preloader]

I got an attorney only because the Dr has been pushing me to go back to work, he doesnt even know what UPS is. He tried the day after the injury while I was still taking pain meds. Let me voice that Im not suing the company, im only using the attorney to get the help I need because i havent been informed very well on whats supposed to happen after. My full timer has been on vacation since the day after the injury occured. Still havent received any copies of the OSCHA report or the first injury report.

First report of injury is required to be given to you within 7 days. (I think 2 days per the CBA.) I Believe the OSHA report has to be given to you within two days. I would recommend calling OSHA and Workmen's Comp. and letting them know you're having trouble getting the forms.

 

[dukesethington]

First report of injury is required to be given to you within 7 days. (I think 2 days per the CBA.) I Believe the OSHA report has to be given to you within two days. I would recommend calling OSHA and Workmen's Comp. and letting them know you're having trouble getting the forms.

Interesting, i had a confrence call with the district manager and his manager, i asked for both of them (its been a week since the accident) but they dont think im allowed to get a copy of them

 

[35years]

Go to your own doctor

And who pays for that?

Workers comp insurance in most states. In my state you have the right to choose your own doctor for treatment. This avoids the potential conflict of interest the UPS doctor might feel when clearing you for work too early or approving certain treatment.

 

[35years]

2013-2018 UPS National Master Agreement

ARTICLE 14. COMPENSATION CLAIMS Section 1. When an injury is reported the reference number will be given to the employee and when requested, a copy of the injury report will be furnished to the employee within two (2) working days of such request. A copy of the injury report will also be furnished to the Local Union if requested by a Local Union official. The Employer agrees to cooperate toward the prompt disposition of employee on-the-job injury claims. No employee will be disciplined or threatened with discipline as a result of filing an on-thejob injury report. The Employer or its designee shall not visit an injured worker at his/her home, without his/her consen

 

[35years]

Interesting, i had a confrence call with the district manager and his manager, i asked for both of them (its been a week since the accident) but they dont think im allowed to get a copy of them

Request it in writing immediately.
They have 2 days.

The district manager knows the rules.
Something is not Kosher here.

 

[35years]

OSHA RULES:

Employee involvement. - 1904.35 | Occupational Safety and Health Administration


If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?
1904.35(b)(2)(v)(A)

When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
1904.35(b)(2)(v)(B)

When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.
1904.35(b)(2)(vi)

 

[35years]

Don't let them claim your injury was not an OSHA recordable injury.
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OSHA Injury and Illness Recordkeeping and Reporting Requirements | Occupational Safety and Health Administration

"How does OSHA define a recordable injury or illness?

• 
  
  
  • Any work-related injury or illness requiring medical treatment beyond first aid.
  • Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums."

------------------------------------------------------------------------------------------------------

If any of these are true, it is an OSHA recordable injury...

-You have a broken bone... OSHA recordable injury
-You were given stitches... OSHA recordable
-You received pain meds other than over the counter...OSHA recordable

 

[35years]

On Friday in the evening, I received a phone call from the adjuster. He wanted to know what happened, so I sent him an email of the description of what happened.

No more statements over the phone, in person or via e-mail without a witness and your lawyer's approval.
Print a copy of your e-mail and one for your lawyer.

Do not post any more details about your injury on Brown Cafe or anywhere else.

 

[UPS Preloader]

Interesting, i had a confrence call with the district manager and his manager, i asked for both of them (its been a week since the accident) but they dont think im allowed to get a copy of them

Probably trying to cover their *ss. Might not have even filed the reports. Like @35years said. Put it in writing and don't post to much here, nothing specific to your injury. UPS monitors these type of sights. I'd still recommend calling OSHA and W/C. Time to bring them in the loop.