Work Related Injury

Discussion in 'UPS Discussions' started by disneyworld, Jun 28, 2006.

  1. dannyboy

    dannyboy From the promised LAND

    Aw come on tie, even susie does not deserve that type of treatment.

    d
     
  2. tieguy

    tieguy Banned

    now Danny I do believe our liberal lustmonger invited me in unprovoked. In hindsight though I probably should apologize to whatever liberal groupies may be working Senater Kerrys groin at this time.
     
  3. susiedriver

    susiedriver New Member

    Let me try one more time, boy genius. An on the job injury is covered by Worker's Comp, through Liberty Mutual. They pay 100%. If the injury is in dispute, it is treated like any other injury, and our health insurance, Aetna for us, pays 70%. If the injury is later determined to be on the job, Liberty Mutual reimburses Aetna and me for the entire amount.

    Tiegay, you are one classy piece of work. Momma must be proud of her 'special' fellow.
     
  4. dannyboy

    dannyboy From the promised LAND

    See Susie, everybody else on this board but you knows that UPS is self insured. They only use Liberty to process the claim, negotiate a lower cost, and possibly limit the exposure. So while it is interesting that in certain areas of the company UPS provides all the insurance for the drivers, it is a rare option, and not the rule of thumb which you made it out to be. Less than honest, and only through extended dialog, much of which is spent by you trying to belittle the other poster, does the actual truth come out.

    Then and only then, if the reader can remember your posts without all the garbage, does the reader understand that you not only are less than honest in your posting, but many times are totally off base. To make a statement that supports your view, all the while knowing that it is false, or at the very least a misrepresentation of the truth, is not honest at all.

    Some would call that lying.

    But then I guess only those of us that have a parochial view?

    Best

    d
     
  5. susiedriver

    susiedriver New Member

    dBoy,

    To find someone who is 'less than honest' in their posting, one would have to look no further than you.
     
  6. dannyboy

    dannyboy From the promised LAND

    hehehe

    I love you girl. In just this one thread, you have the total susie experience. From belittling statements, to outright lies, to posting under other names to make yourself look legit. A true susie classic.

    And what was the purpose, as tie would say, for crawling out from under your rock?

    There is one item that was mentioned that needs some clarification though.

    It was mentioned that there are time limits that vary from state to state. Find out what those time limits are. As long as you go back to the doctor for say a refill on the anti inflammatory medication, or just a checkup, the case stays active. It is next to impossible to reopen a case that has been closed for several years.

    Now, if you re injured a former comp injury, that would be a new claim and not an extension of the old claim.

    Also, there are claims that have lifetime coverage. That means that for the rest of your life, you will have medical coverage that will cover issues that result from your workers comp injury. But make sure to get that in writing.

    While in the past I have found that Liberty was somewhat fair in their dealings, it would seem that some of what are doing now is borderline on the illegal. Expect someone on occasion to be watching you. If you claim you hurt your knee while on the job and you are out pushing a lawnmower.......

    Unfortunately, as much as I dislike the legal profession, getting a good workers comp lawyer makes good sense. After you do, do not give Liberty any information or talk to them unless you clear it with your lawyer. And after they have been notified that you have representation, they can not contact you without asking the lawyer first. That keeps them from phishing for information.

    d
     
  7. dannyboy

    dannyboy From the promised LAND

    One more thought on getting legal help.

    If you are good at getting and using information, go down to your local labor dept office. No the union, but the DOL hearings and appeals office.

    Get from them the listing of what a certain disability rating is worth. You remember from back in school where you get 1000 for one eye, and 3000 for both, or a leg and an eye etc etc. They will have that information available.

    Your disability rating is what the doctor has given you on your last visit. Then find your max rate disability. This is the max that comp has to pay for your case.

    Say the max rate is 50,000. Comp will offer a much lesser amount. If you can negotiate, you can get them to raise the offer so you can settle without a hearing. It is not unusual to get 80-85% of what the max is if you can wait and have patience. In these cases, getting a lawyer would never make sense. It is hard to get much higher than 90% without going to a hearing. And a hearing is no guarantee of getting any extra money either. You might get much less than the last offer.

    But if you are not good at handling something like this, shop around. The best comp atty might not get you one thin dime more than a good one. Check with the union, sometimes they have a good one that will give you a discount on the rates charged. Instead of 15%, they only charge 12% or some such. So shop around. Ask around. Also understand that if you decide to go through with a hearing, the rate climbs by usually 5% or more.

    As I said before, knowledge is king. And for the majority of UPSers, getting an atty might get you at least some more money. But at least, even if they get a couple of thousand less for you after they get their cut, not having to deal with Liberty is worth the extra money spent on them.

    Always do the math. 100% of 85% of your rating puts more money in your pocket than 87% of a 95% settlement using a lawyer. Yeah I know, liberty paid out 5 grand more, but you took home more than a grand less.

    And the bottom line is what you take home when the day is done.

    d
     
  8. Comp

    Comp Guest

    Not always true. If the doctor says the flair up is from your old injury that you never kept open(case) they can deny you coverage and will.
    Example: Say you hurt your back and comp quack says "oh it's just a strain there's nothing we can do for you" and sends you back to work,then after say 2 years it's gotton so bad you can't take it anymore and see a differant comp doc (A better one)and he says it's not a strain it's something worse you need surgery,Liberty can tell you sorry we've closed that case,can't help you.Then UPS says "oh your on light duty(doc gives you restrictions) sorry we have no TAW for you go home until your released" Trust me this scenario can happen.
     
  9. tieguy

    tieguy Banned

    Why I'm sure you are right. In fact you should therefore terminate your participation in this debate since you are only recieving dishonest responses?:w00t:
     
  10. dannyboy

    dannyboy From the promised LAND

    There is a difference between a flair up and a re-injury. If the doctor says it is a flair up (read re-injury) of an injury that was originally listed as workers comp, then it should either be covered like the old one was, or a new injury report needs to be filed. And if they refuse, then get the information from the doc and get a lawyer.

    In the first example with the quack it is the first injury. And he sends you back as a strained back. The the second one says it is something worse and it will take surgery, then that should be treated as a different injury or be covered under the first injury as a misdiagnosis.

    The same happened to me. It was diagnosed as a strain for several months. Then after nothing got better, it was re diagnosed as a compound lateral tear.

    Now, in that same scenario you painted, you say that "say after two years it has gotten so bad you cant take it any more" you are correct and they would be correct in not paying you comp.

    You see, what you dont understand is that you only get comp if there is one moment in one day that causes your problem. If you have that one moment that you can say "I twisted to get the box under the shelf and I heard a pop or felt it tear" then in this case you would have a comp claim.

    But if in fact you have a long term problem that just keeps getting worse over time, and one day you decide you cant take it any more, that is not nor has it ever been a comp claim.

    There are examples that I know of that do not follow this but for the most part they do.

    So you are comparing apples with oranges.

    Now my question for you is this. Why would a driver have a back injury that is bothering him for two years not go back to the comp doc and at least get something for the inflammation or pain if it is really bothering him? That way the case stays open, and shows a continuing problem that has not properly healed.

    So in this case, if it is a problem that is indeed from the original injury, the driver shot themselves in the foot by not going to the doc for help. But since the problem has steadily gotten worse, he now no longer qualifies for comp.

    d
     
  11. comp

    comp Guest


    What if the second doctor says yes the first injury has caused your problem to get worse and Liberty Mutual says sorry claim denied. I agree should be treated as new but try and tell Liberty that.

    This is also not true,what if you work the entire day go home then wake up feeling hurt? I have had this happen to me and told them I don't know when during the day it happened,they paid.
    Hurt on job,doc misdiagnosis you get to where now you can't physically do the job,it's still the same injury that created the problem from the start.
    Yes but what if the first doc said there's nothing that can be done for you,it will always hurt(but never get worse).
    I'm not trying to argue with you just somethings can and do happen differantly.
     
  12. dannyboy

    dannyboy From the promised LAND

    Agreed. And that is why I suggested that even though they are somewhat an evil, get a lawyer. Anytime you are injured on the job and Liberty and UPS with the docs in a box run you around, get a lawyer.

    Something else that has not been mentioned. For all injuries, UPS can not tell you who to see. They must give you at least two providers to choose from. And on back injuries, there must be three with one being a chiropractor. So if you are not given at least two providers to choose from, post back and we will tell you how to proceed.

    An interesting tidbit. Driver has been driving for 8-10 years, was a football player during highschool and some past highschool. Knees were all to hell because of the game. He ends up with two knee replacements paid for by workers comp. And lifetime medical on the knees to boot.

    So how does that fit into the rules that have been set up for UPS and liberty to follow?

    d
     
  13. tieguy

    tieguy Banned

    Cheryl ,

    Its your board to do with as you wish but if I may offer an opinion I believe you moderation efforts should also include the term tiegay which is horribly offensive to our gay posters here. Keep in mind that phrase was posted here on this thread unprovoked before I had posted one blurb on this thread.

    I would also like to respectfully ask why someone who's actions bordered on criminal stalking is being allowed to post here. I'm not completely comfortable with a person exhibiting such criminal insanity being allowed to post here. After all she did show a clear effort to stalk and attempt to intimidate a poster she disagreed with. What will she do next time?
     
  14. comp

    comp Guest

    That's what I tell these guys that get hurt and they say "nah don't need that UPS will take care of me"and for the most part they do but there is always one who gets burned.
    Well it does seem unfair to them but I look at it this way,it's like buying a used car you get all the old problems that come with it if you don't get it checked out first.If they hired him knowing this then sorry but that's too bad. Maybe UPS should have thier Doc's due a little more then a quick DOT physical before hiring people and maybe weed some people with previous problems out. It's like some guys that come back after major back surgery you really shouldn't be doing this type of work after that kind of surgery your just asking for more problems safe work methads or not,but they still let them come back. Pay them off it's got to be cheaper in the long run. It goes back to the old saying "they will step over a dollar to pick up a nickel"

    Only thing I can say people is when your hurt at work take care of number 1, YOU.You are the only one who truely knows what feels right and if you are being taken for a ride.Like said above if it doesn't seem right contact a lawyer and let them handle it. In all my years at Brown I've only seen a couple of people givin a hard time over comp,yes when you first tell them your hurt everyone get's crap that's in the manager text book or something(LOL)but most of the time when they see you aren't going to back down they will work with you and help.
     
  15. wonderboy

    wonderboy Guest

    tieguy is terribly offensive to me...being a guy myself.

    Maybe you should be banned?
     
  16. cheryl

    cheryl I started this. Staff Member

    Susie did cross the line with the stalking stuff... I will take your opinion into consideration tie...
     
  17. dannyboy

    dannyboy From the promised LAND

    Not that I have a horse in the race, but banning is a slippery slope.

    And while this is a great board, full of good ideas and super people seeking to help each other out, sometimes things get carried away and get too personal. Unfortunatly, I have allowed myself to be lowered to that extreme as well, but I shall endevour never to allow it again.

    If a mistake was made, give it a slap on the hands and let it go. If the same mistake keep getting made, then there is a problem that needs to be dealt with.

    Only you Cheryl, knows what all is going on, and I trust your judgement.

    Best and the wisdom of Solomon!

    d
     
  18. cheryl

    cheryl I started this. Staff Member

    As a rule I don't like to ban people. There is a new feature in the upcoming software upgrade that has an infraction procedure. It provides new levels of accountability which will allow moderator approval of all posts from users that find it difficult to participate without being offensive. From what I have been told it will be a few weeks until it is out of beta and ready to install here.

    Although it will be an improvement in the board structure I will still rely on our community to identify problem users using the icon...
     
  19. over9five

    over9five Moderator Staff Member

    "..which will allow moderator approval of all posts from users.."

    Sounds like a huge PIA for you, Cheryl. I hope it does not lead to you "giving up" on us all!
     
  20. tieguy

    tieguy Banned

    There are differences between someone getting heated and someone taking action that borders on the criminal. Danny perhaps I misread you but I believe the least we should expect from Susie would be an admission of guilt on her part followed by her request for foregiveness. In my humble opinion this issue has more at stake than merely the posting of offensive language. Certainly a good liberal like Susan would be open to proposition of asking for foregiveness?