trickpony1
Well-Known Member
Whose doctor did you see? The company doctor or your doctor?
Workers comp question?
- Thread starter Bad Gas!
- Start date
Whose doctor did you see? The company doctor or your doctor?
barnyard
KTM rider
Use google to find the worker's comp laws for your state. Once you understand them, look for an attorney. Your research should give you a good idea of the settlement that you should get (my state has specific amounts for the body area and % of restriction.) Attorneys typically charge a contingency. If your doctor is saying you can no longer preload and that is supported by the comp Doctor (not very likely, but it does happen), you do not need an attorney. Your settlement will be based on state guidelines (if your state has them) and an attorney is just going to draw out the process.
If you decide that you do need an attorney, you need to decide whether to hire based on contingency (you will give up 35ish% of your settlement) or pay the attorney pay the hour for the work he/she does. I would ask, up front, how many hours they typically bill to a comp case. Some simple math will tell you which option to go with. Do keep in mind, that if you go hourly, you will have to pay a retainer. That could be as much as $5k. Typically, that is why comp cases are handled on contingency.
From what I have seen, people that do not have lawyers end up proceeding through the whole deal much faster than those that do not. From the outside, looking in, it also does not appear that having an attorney gets the employee a larger/better settlement.
If you decide that you do need an attorney, you need to decide whether to hire based on contingency (you will give up 35ish% of your settlement) or pay the attorney pay the hour for the work he/she does. I would ask, up front, how many hours they typically bill to a comp case. Some simple math will tell you which option to go with. Do keep in mind, that if you go hourly, you will have to pay a retainer. That could be as much as $5k. Typically, that is why comp cases are handled on contingency.
From what I have seen, people that do not have lawyers end up proceeding through the whole deal much faster than those that do not. From the outside, looking in, it also does not appear that having an attorney gets the employee a larger/better settlement.
UpstateNYUPSer(Ret)
Well-Known Member
I find it refreshing that the doctor suggested he get a second opinion.
I wonder if he has looked in to other positions within the preload, such as scanning, address correcting or other such clerk activity that would allow him to work within his restrictions.
I wonder if he has looked in to other positions within the preload, such as scanning, address correcting or other such clerk activity that would allow him to work within his restrictions.
barnyard
KTM rider
If it is a shoulder injury, that will eliminate him/her from almost all PT UPS positions. Part of it is the accompanying lifting restriction and range of motion restriction, the other will be that repetitive motion and injured shoulders are a bad, bad thing.
The kick for this person is that most comp laws specify that an employee that cannot go back to work must be retrained for a job in a similar pay range. For drivers, there are not many of those. For a preloader, they might tell you to pound sand and go work at McDonalds.
The kick for this person is that most comp laws specify that an employee that cannot go back to work must be retrained for a job in a similar pay range. For drivers, there are not many of those. For a preloader, they might tell you to pound sand and go work at McDonalds.
menotyou
bella amicizia
If you had shoulder surgery, you should be 'fixed'. That's been my experience, at least. We have some great orthopedic surgeons here due to SU being here.
Aside form the benny's, do you(in your heart) think you could do the job? If you think so, go back. If not, get another job and kiss UPS good-bye. Enjoy the settlement, too.
As for second opinions, I have had most dr's I've been in contact with recommend I get second opinions, as you are under the comp umbrella and it behooves you to just to be sure what you are being told is accurate. Here, you can go anywhere in the state and comp pays for it(mileage, hotel, meals, ect.) So, you don't just have to use the just local dr's, if you don't want to.
There are and always will be jobs at UPS that do NOT require lifting, heavy or repetitive. The company use of"lifting 70 lbs" on all its job requirements is illegal. Do your homework and find out which jobs you can do with the restrictions you are given. The American with Disibilities Act requires the company allow you to move to another job, if you are qulified to perform the job, and they have openings, with or without reasonable accommodations, if you do qualify with a qualified disibility. Before you even consider a workers compensation buy-out, ask the company for an ADA accommodation. It is a long process, but one which allows you to continue your employment at UPS and not having to retrain through the workers compensation system. If you are not satisified with the company process under the ADA you can then seek legal council.
menotyou
bella amicizia
Don't know about his accommodation or lack of one, but they do make them.
What alot of people on here said are correct, find out what the rules are in your state and proceed from there. I do know that ups freight will not take you back unless your Dr. releases you at 100%. I received shoulder replacement surgery about 9 months ago and am still fighting over benefits. Several witnesses to my accident (one on the safety commitee) and no prior complaints and they still say its not work related. So there is no doubt it will be a fight. Just keep documentation on everything (emails, letters, I mean everything for future use. Good luck.
menotyou
bella amicizia
No dr releases you 100%, as no human is ever 100%. They release you 'fit for duty'. If that isn't good enough for UPS, too bad.
menotyou
bella amicizia
He didn't get one. They refused.
Johney
Well-Known Member
I have never seen UPS give a job accommodation to anyone with a permanent work related injury EVER. At least not here. They are all offered settlements and leave. I have only seen it done for people diagnosed with Diabetes who could no longer drive that's it. Now that's not to say they couldn't have fought for an accommodation, I've just never seen it happen. With all the people I've seen leave you would think someone would.
menotyou
bella amicizia
Some people have no grasp of how to be a human being. And, most of them, not all, but most of them seem to be employed as UPS upper level operational management.
Johney
Well-Known Member
I do know that sometimes you are given a "Disability rating" for a particular injury, but they can still release you fit for full duty as long as the Dr. says your ok. Now I have seen some come back and just weren't able to do it anymore and went back out only to settle and resign or in some cases retire.
menotyou
bella amicizia
Here, if it gets as far as a permanent rating, you aren't going back. If you can keep everything temporary, you're good to go back.
Here is another though, In the first post I think he said their was a claim for injury that was opened. Then he went back to work. If that claim is only 6 months old, he should be able to that claim reactivated by talking to either the Dr. or legal rep. Might want to try and find any paper work you might have saved from the original injury so you have the claim number.....just a thought..
menotyou
bella amicizia
Well, since you brought it up........
My case has been on and off for over 5 years. Everytime I go back out, I use the same case #. That's in NY. If the judge hasn't declared the case closed, it's open for as long as you need.
brownmonster
Man of Great Wisdom
We have 2 former drivers that due to health issues work full time inside. The company created full time gigs for them.
Bubblehead
My Senior Picture
We have a package car driver with a work related, permanent partial disability involving both his neck and knee from seperate instances.
He even has a handicapped parking permit and parks next to the guard shack every day.
It drives some of the managers nuts.
I have to agree, the handicap parking permit seems a bit much.
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