Workers comp issue

I looked everywhere for something similar to this but wasn't able to find anything.

A couple of weeks ago, I was injured on the job and ordered light duty by the doctor. The center manager didn't offer TAW and sent me home on workers comp. I was told by my union steward that I would get a call in a few days from Liberty Mutual. I never received a call. Asked my center manager about it and he said to give it at least a week. In the mean time, I went to my next Dr appointment and was told that I would be off for at least a few more weeks pending an MRI and the results. (Surgery may be required)

At this point it has been 2 weeks. I finally found a number to Liberty Mutual today online after getting completely wrong numbers from everyone else I spoke with and they said that there was a claim filed, but it wasn't showing that I was off of work. According to them, I was still working 40 hours/week.

I'm not sure if this is the point whether I should talk to a lawyer or file a grievance on the workers comp paperwork being filed wrong. Any advice or input would be greatly appreciated.
 

Returntosender

Well-Known Member
Get a lawyer and have the liberty mutual to send you a copy of the injury report, and a copy of the document that tells them you have working for the past how many weeks.
 

35years

Gravy route
Make sure a first report of injury report was filed. Request a copy, they are legally obligated to give you one.

Keep copies of all doctor's orders.

Immediately call your State workman's comp helpline. Explain your entire situation. They may be very helpful. I doubt this is just a "misunderstanding".

Insurance companies will try every trick in the book to delay paying you. Most states have laws requiring them to start making payments within a certain number of days. If they don't, you may (depending on the State) be entitled to a hearing and request double damages. Ask Liberty Mutual for the name of the person handling your claim.

If you end up getting an lawyer (State hotline may be able to handle this), ask if your local Teamsters union has one on retainer that you can consult.

Make sure you have a Steward present and once again reiterate to your Center Manager that you never turned down TAW.
 
Last edited:

35years

Gravy route
Forgot to add....my insurance was cancelled because I wasn't on workers comp and didn't actually clock in. So...that too...
Um...NO
You are on Worker's Comp, they just have not paid you yet.
You did not turn down TAW. That's UPS's call on if they want to offer it to you.

Ask direct, pointed questions of your Center Manager in the presence of the Steward immediately!
 
Last edited:

Wally

BrownCafe Innovator & King of Puns
upload_2017-3-13_21-13-55.jpeg
 
Um...NO
You are on Worker's Comp, they just have not paid you yet.
You did not turn down TAW. That's UPS's call on if they want to offer it to you.

Ask direct, pointed questions of your Center Manager in the presence of the Steward immediately!

He's on vacation this week which is kind of what slowed down the whole remedying of the situation. Just talked to the acting center manager though and he is supposed to be looking in to it..
 

35years

Gravy route
He's on vacation this week which is kind of what slowed down the whole remedying of the situation. Just talked to the acting center manager though and he is supposed to be looking in to it..
You talked to him.
You have been off work.
It has been 2 weeks, no check.
Liberty Mutual gave you the run-around.
Time to put your foot down.

I have seen it before too many times to count. They are likely just trying to delay the payment.
However, they could be stalling you because they classified it as an off the job injury, and are trying to gather a case.
It should only take hours, not days to "remedy the situation"...Unless the delay is purposeful.

Contact your workers comp help line first thing in the morning. Google how long an insurer has to cut the 1st check in your State. Do research and find out your rights and demand to be paid. Any further delay and they risk paying you an additional penalty. Also remember many States have the employer pull the last 6 months avg weekly pay history to determine compensation...Not just based on 40 hrs a week. Also reimbursement for miles to and from the doctor.
 

rod

Retired 22 years
I want to think it's all a big misunderstanding, but nobody seems very concerned to fix it. I'm the only income in our family and we were counting on that check coming soon.


Its not just a misunderstanding. After awhile you will realize its the way Liberty Mutual operates. DOCUMENT EVERYTHING--and make copies---you will need them. Stay on their case like stink on :censored2:.
 

useyourloadstand

Active Member
If a claim was filed then an agent at liberty mutual should be assigned to your case. Good luck contacting them or getting them to actual do anything for you. Hire an attorney and they will have better luck at getting liberty mutual do actual get things done in a timely manner. A lot of stupid rules that allow liberty mutual 30 days to act on something.
 

35years

Gravy route
Forgot to add....my insurance was cancelled because I wasn't on workers comp and didn't actually clock in. So...that too...
Were you hurt at work before punching in? Or is this a repetitive motion /ongoing problem?
They might be stalling because they are maintaining you were not hurt at work, they would likely not inform you till push comes to shove. Perhaps you do need a lawyer ASAP.
 
Last edited:
Were you hurt at work before punching in? Or is this a repetitive motion /ongoing problem?
They might be stalling because they are maintaining you were not hurt at work, they would likely not inform you till push comes to shove. Perhaps you do need a lawyer ASAP.
I was hurt at work prior to last week. Last week was just the first full week I didn't work. I was hurt while clocked in. It is actually the second flair up of the same injury. I hurt it initially in October and was off on TAW for a month and had physical therapy. Went back to work and hurt it again. It's a shoulder injury by the way (rotator cuff). I'm going in the morning to get a copy of the initial filing of the claim done by my center manager just tone have on file plus all of the paperwork from the doctor. The acting center manager called last night and said everything was done correctly on the initial sending to Liberty Mutual as far as them reporting time lost. In my state they don't pay for the first 7 days lost unless you're off at least 14 days. You are supposed to be paid on that 14th day which is tomorrow.
 
If a claim was filed then an agent at liberty mutual should be assigned to your case. Good luck contacting them or getting them to actual do anything for you. Hire an attorney and they will have better luck at getting liberty mutual do actual get things done in a timely manner. A lot of stupid rules that allow liberty mutual 30 days to act on something.
I actually got her number from Liberty Mutual today, but it was after 5pm. Left a message and going to call back in the morning.
 
If this is a repeat of a previous injury they will reopen the previous claim.
Will that be the case if I was on TAW the whole time last go around? I wonder if that was the case and there was no loss of time last time, so something just didn't get changed over this time? I'm hoping it is something as simple as that.
 

UpstateNYUPSer(Ret)

Well-Known Member
Will that be the case if I was on TAW the whole time last go around? I wonder if that was the case and there was no loss of time last time, so something just didn't get changed over this time? I'm hoping it is something as simple as that.

The center offers TAW as a way to lower their DART numbers.

You need to follow up with LM to make sure that they have the correct injury date so that your payments will not be delayed.
 

35years

Gravy route
In my state they don't pay for the first 7 days lost unless you're off at least 14 days. You are supposed to be paid on that 14th day which is tomorrow.
If this is a flair up of the previous injury then the requirement for being off 7 days/14 days is satisfied by the first time you injured it, ask your hotline. Realize that any lost time counts...overtime is lost if they only gave you TAW for 8 hours a day. You should be compensated for overtime if your State has the same rules as mine.
 
Top