workers comp?

cb1969

Well-Known Member
I have a question...now that someone started this thread. A co-worker of mine was injured while walking through the ups parking lot on his way into work. Is ups not responsible because he was off the clock??

If the co-worker parked where they were told to by management then UPS is responsible for the injury weather UPS owns the property or it's the place they were told to park or in between the there and UPS property no matter if they are on the clock or not.
 

cb1969

Well-Known Member
It depends on your states law as to if you covered. It also depends greatly on if your local will back you if first felt it while you were working. You must report any injury to management within 24 hours. So keep that in mind
 

bleedinbrown58

That’s Craptacular
It depends on your states law as to if you covered. It also depends greatly on if your local will back you if first felt it while you were working. You must report any injury to management within 24 hours. So keep that in mind
Report injury to a sup ...yes. File an accident report in 24 hrs...not necessarily.
 
O

OLDMAN3

Guest
It depends on your states law as to if you covered. It also depends greatly on if your local will back you if first felt it while you were working. You must report any injury to management within 24 hours. So keep that in mind
Just a clarification...
It is a good idea to report any injury immediately to management. If, however, you have been injured and did not report it immediately, you can still report it if it is over 24 hours. The potential for UPS to claim the injury was not work related will increase significantly the longer you wait.

If the injury is work related, do not be bullied by UPS, it's doctors, or it's insurance company into saying it was not work related. Some injuries are work related and increase in severity over time. Even if you can not point to a specific incident that caused the initial injury it does not mean the injury is not work related. Most states will have a workman's compensation hotline where you can discuss your rights. If you get any indication from UPS, it's doctors, or it's insurance company that your claim may be denied, immediately hire an attorney who is familiar with UPS worker comp claims. If UPS unfairly delays or denies compensation payments there is usually a penalty, depending on the State (often double or triple monetary awards)

It is you right (and an excellent idea) to seek out a second medical opinion. Understand that the clinic UPS sends it's employees to has a great economic incentive (UPS's business) to limit your care. Once you seek out a 2nd doctor's opinion, make sure you go to that doctor again (2nd appointment) before seeing the UPS doctor again or you will have "chosen" the UPS doctor by default. If UPS then requires you to see their doctor again, you are required to do so, but are not required to accept treatment from the UPS doctor. Make it clear to UPS and their doctor you have chosen your own doctor for care, and will follow his recommendations.
 

UnconTROLLed

perfection
The time I had a serious WC problem was when, out of harassment and intimidation, management took away an automatic vehicle for a daily driver (I was an air driver), and forced me to drive an 80's p1000. I was having knee pain for months but not severely, until I was bit by a pitbull type dog in the same knee, nice bite and twist. I almost sued the union because I complained about this to the steward and BA, and they said nothing could be done. Over months beyond that, the knee pain became severe enough where I couldn't stoop down anymore. I won't say much about the results and courts except
(1) I was paid for the time I was out,
(2)and to never trust the union or a union-affiliated attorney ever again.

As to UPS and the worker, it's really embarrassing how bad the environment is.
 
O

OLDMAN3

Guest
The time I had a serious WC problem was when, out of harassment and intimidation, management took away an automatic vehicle for a daily driver (I was an air driver), and forced me to drive an 80's p1000. I was having knee pain for months but not severely, until I was bit by a pitbull type dog in the same knee, nice bite and twist. I almost sued the union because I complained about this to the steward and BA, and they said nothing could be done. Over months beyond that, the knee pain became severe enough where I couldn't stoop down anymore. I won't say much about the results and courts except
(1) I was paid for the time I was out,
(2)and to never trust the union or a union-affiliated attorney ever again.

As to UPS and the worker, it's really embarrassing how bad the environment is.

I don't know why you would blame the union for UPS forcing you to use a stick vehicle. I have seen this same exact situation play out twice. One was a driver with a bad knee who had their automatic taken away (out permanently after the resulting surgery) and a driver with a bad shoulder forced to use a non-power steering truck (bid on to a new job classification). Both drivers expressed that they wanted a vehicle that would not aggravate their injuries. UPS made no accommodation and the union was not able to force them.
 

1989

Well-Known Member
I don't know why you would blame the union for UPS forcing you to use a stick vehicle. I have seen this same exact situation play out twice. One was a driver with a bad knee who had their automatic taken away (out permanently after the resulting surgery) and a driver with a bad shoulder forced to use a non-power steering truck (bid on to a new job classification). Both drivers expressed that they wanted a vehicle that would not aggravate their injuries. UPS made no accommodation and the union was not able to force them.
My understanding is ups only needs to make accommodations to those who apply and meet ADA classification guidelines.
 

UnconTROLLed

perfection
I don't know why you would blame the union for UPS forcing you to use a stick vehicle. I have seen this same exact situation play out twice. One was a driver with a bad knee who had their automatic taken away (out permanently after the resulting surgery) and a driver with a bad shoulder forced to use a non-power steering truck (bid on to a new job classification). Both drivers expressed that they wanted a vehicle that would not aggravate their injuries. UPS made no accommodation and the union was not able to force them.
Where did I blame the union for UPS forcing me to do something? I blamed the union for obstructing grievances and generally being pieces of human waste with no moral compass, but not for UPS's actions. The company can do whatever they wish, it's their operation.
 

Inthegame

Well-Known Member
The time I had a serious WC problem was when, out of harassment and intimidation, management took away an automatic vehicle for a daily driver (I was an air driver), and forced me to drive an 80's p1000. I was having knee pain for months but not severely, until I was bit by a pitbull type dog in the same knee, nice bite and twist. I almost sued the union because I complained about this to the steward and BA, and they said nothing could be done. Over months beyond that, the knee pain became severe enough where I couldn't stoop down anymore. I won't say much about the results and courts except
(1) I was paid for the time I was out,
(2)and to never trust the union or a union-affiliated attorney ever again.

As to UPS and the worker, it's really embarrassing how bad the environment is.
So lf you had a brand new automatic with power steering you would have escaped the dog bite?
I get you hate your local but the dog bite has nothing to do with your local and unless your supplement allows for the union to determine or contest vehicle assignments, what did you expect them to do absent a contractual violation?
 

Big Bad Wolf

Well-Known Member
Bodybuilders have this problem too. The problem is likely that your delts have become too strong relative to your rotator cuffs and by using your delts your stressing your rotator cuffs too hard.

The solution for many is simple, a short routine of 2-3 sets of ten reps. exercise with LIGHT weight isolating the rotator cuff. I cannot stress the importance of LIGHT weight enough. You can screw your cuffs up easily with too much weight. Unlike all other exercises, it should not be difficult. Im talking resistance bands or 5-10 pound dumbbells. Once a week...

I noticed the intended results within weeks and others have reported non injury from bench press and shoulder press exercises.
This is close to spot on. The anterior head of the delt receives too much work from pressing. Rotator cuff issues are usually from an imbalance. The posterior delt and rhomboids tend to be weaker in cases of rotator cuff issues. Unless it is completely detached, go see a good chiropractor.


Where are you pigs now?
 

BigUnionGuy

Got the T-Shirt
So lf you had a brand new automatic with power steering you would have escaped the dog bite?
I get you hate your local but the dog bite has nothing to do with your local and unless your supplement allows for the union to determine or contest vehicle assignments, what did you expect them to do absent a contractual violation?

I have never heard of any Local, that enjoys the ability to challenge vehicle assignments.

You could grieve (based on a safety issue) for a larger package car. :biggrin:


There have been issues, when a driver bids a route with a certain "type" of truck.

The company makes a change, and the driver grieves....

Because, they think a certain "type" of truck comes with the route. (automatic and power steering)

True, power steering and automatics are two accommodations that are frequently done.

Short of a ADA approved "accommodation".... That would shock me.

Where does it end ? And who is to say, what justifies the reasoning ?


Around here.... that would cause huge (and numerous) problems.

Especially, for "company" drivers vs "Union" drivers.



-Bug-
 

Overpaid Union Thug

Well-Known Member
I have never heard of any Local, that enjoys the ability to challenge vehicle assignments.

You could grieve (based on a safety issue) for a larger package car. :biggrin:


There have been issues, when a driver bids a route with a certain "type" of truck.

The company makes a change, and the driver grieves....

Because, they think a certain "type" of truck comes with the route. (automatic and power steering)



Short of a ADA approved "accommodation".... That would shock me.

Where does it end ? And who is to say, what justifies the reasoning ?


Around here.... that would cause huge (and numerous) problems.

Especially, for "company" drivers vs "Union" drivers.



-Bug-


We haven't had an challenges because, for some reason, when certain drivers want a certain truck they always get what they want. Some took their trucks over to their new routes after the routes were rebid. None were ADA situations.
 
Top