Dog Bite: To Sue Or Not To Sue

[Anonymous Poster]

DannyBoy, You left out the rest of the explanation:
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as \\\"one-party consent\\\" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as \\\"two-party consent\\\" laws. If there are more than two people involved in the conversation, all must consent to the taping.

Did you get that law degree in the locker room?

 

[dannyboy]

And If you pull the sleep out of your eyes, my dearest Susie, since you know where I live, you can tape a phone conversation if at least one party to that conversation gives permission, or you are one of the people in that conversation.

That is why when I have had managers that told drivers, including me, to do something that was wrong, I recorded that conversation to protect myself from further abuse. Either working as instructed and having them attempt to fire me for doing something wrong, or failure to follow instructions, and of course the instructions were never what was actually stated on the phone.

And Susie, you really have to be a real psycho not to know why you keep getting banned regardless of what you post as.

Maybe it is time to only allow registered members the right to post?

Just a thought.

d

 

[Slothrop]

And If you pull the sleep out of your eyes, my dearest Susie, since you know where I live, you can tape a phone conversation if at least one party to that conversation gives permission, or you are one of the people in that conversation.

That is why when I have had managers that told drivers, including me, to do something that was wrong, I recorded that conversation to protect myself from further abuse. Either working as instructed and having them attempt to fire me for doing something wrong, or failure to follow instructions, and of course the instructions were never what was actually stated on the phone.

And Susie, you really have to be a real psycho not to know why you keep getting banned regardless of what you post as.

Maybe it is time to only allow registered members the right to post?

Just a thought.

d

dBoy,

I have seen lots of bad advice given out by you due to the fact that you fail to take into account that UPS operates in places other than Tennessee. The contract differs in other locales, and local law differs, as well. You fail to understand that your experience may not be valid for someone in another part of the country. To top it off, you speak as though you still work for the company; yet, to use your words, 'you're a quitter'. I find it incredulous to think that you recorded all your conversations with management. Did you carry a tape recorder everywhere with you? No wonder they let you go instead of finding an inside job for you.

 

[dannyboy]

Ah the hate spouting troll is back.

Not every one is that stupid as you to think that everything posted applies to their area. Only you would make that type of assumption.

As far as carrying a tape recorder everywhere I went, have you not seen how little they have become. Hell deyz even got cameras in them der cell phone thingies. Damn, what will dem der smart fellers like you create for us pur dummies.

As for

yet, to use your words, 'you're a quitter'

, if I remember my dear, that was in reference to you and your situation with UPS, not mine. Actually they decided to let me go after the company doc took a look at what one day back at the grind did to my knees.

And if you were near as smart as you think, you would know the answer to your own post of

No wonder they let you go instead of finding an inside job for you.

Things change over 33 years at UPS, and so do people. The management we have had in the last 10-15 years were great, some even better than great. But while the center was in the other region, we had management like some post about here.

As for posting here, sorry if I upset you or piss you off by posting........well ok, not really. Sorry!

Best

d

 

[toonertoo]

I give up. We are just glorified dog toys.

 

[brownclown]

Wow. Let's get back on topic here. I posed the question "Dog Bite: To Sue Or Not To Sue". I don't know if I was ever intending to sue. Most folks when learning that you've been bit by a dog will ask you "Are you going to sue?". If you are compensated for whatever damages you've incurred without suing then all is good NO? Anyhow, I will not be suing. My losses, although not inconsequential, were minimal compared to some of the horror stories I've heard in the last week. There is also the issue of the dog. A dog bite is serious business. You can actually die from one but its pretty rare. In most cases the owner of the dog is legally responsible for the actions it takes. It also depends on the laws in your state, county or city. Your dog may behave fine around your children but might freak if a stranger encroaches its "territory". I've made a few mistakes handling my incident and I think fellow UPSers might benefit from them. Firstly, if you've been bitten by a dog, don't wait to seek medical attention. You may feel OK and might opt to finish out the day as I did but this is probably the dumbest thing you might do. You may not feel so good the following days. Report the incident to your center and insist on seeking medical attention immediately. Next, file a police report or verify that one has been filed on your behalf with the police or animal control officer if you have one. If a dog has bitten you, what's to prevent it from biting a child or somebody else in the future? Also, the authorities need to determine if the animal's shots are up to date or if it is diseased or considered dangerous. Try to get as much information as you can about the circumstances. Lastly, give yourself an honest assessment about your injuries and/or losses. Sure, you could probably lawyer up and get a healthy sum of cash for whatever. If your injuries are serious enough you may well be entitled. If you lose time at work but can't claim workman's comp, try to negotiate through UPS's insurance with the homeowner's insurance. I'm still dealing with the medical and legal aspects and would prefer that this never happened. Anyhow. I'm back at work and I gotta get up tomorrow so I'll stop rambling for now. Later folks...

 

[dannyboy]

Clown

Susie is renown for hijacking threads with personal attacks. If it were not for her attitude and delivery, she probably would not be a bad chap.

As for the dog bite, if you are made whole, ie paid for lost time, and all the medical expenses are covered(these are to be paid by UPS, and if they get their money back or not has no bearing on if they pay) then you do not have a moral cause for suing.

UPS will in most cases file a claim against the home owners insurance if they have any to get the medical costs etc repaid.

We had a driver not too long ago that had his arm bitten by a German Shepard. Broke the arm in three places, not to mention soft tissue damage. He was out of work for 8-9 weeks because of the injury. So in his case, taking action against the insurance company makes sense. And not just for lost wages and benefits, but suffering etc.

Then there was Eddie, who lost and inch plus off the ends of three fingers to a chow, you think he ought to sue?

In the 7 or 8 times I have been bitten, I have never had to take a day off so I was never out anything but time at the ER, which UPS paid for.

So to sue or not remains a personal decision. To get immediate medical supervision of the injury and reporting it is not. UPS expects and requires you tell them right away if you get hurt on the job. Period. And unless you do so, and if you develop problems later on, they could refuse to pay your medical claims.

d

 

[over9five]

"they could refuse to pay your medical claims."

Seems to be their current way of doing business. A driver here had a hernia discovered at a physical. UPS refused to pay as he hadn't reported it. I'm sure they figured he got it at home lifting toast from the toaster.

Anyhow, he sued UPS with the Teamsters lawyer and won, of course.

With work like this, UPS should have the dignity and respect to stand behind us for any hernia or back injury. OBVIOUSLY, its caused by the job.

 

[dannyboy]

95

Not always. There are many injuries that are off the job injuries. Of course if you dont do anything while you are off.......

But if the injury if an occupational injury, then it should be reported right away, if not they can refuse to pay for the medical costs.

That is why they say, and repeat over and over again, if you get hurt, report it. Pure and simple. That is the official line, no matter what any one else might imply.

d

 

[over9five]

In this case, he went to his DOT physical, where the doctor informed him, "You have a hernia, and can't work till you get it fixed".

He reported it to UPS that day. He told them as soon as he found out. Don't you think they should have covered him? Thankfully, a judge thought so.

The people we work for have lost something. They are no longer.....I don't know, respectful, honest. They have no integrity.

It's always been numbers, numbers, numbers, but in the past you could always count on some level of integrity. Since the IPO (IMHO), UPS has lost its sense of respect. We are a whore to Wall Sts whims, or what we think Wall Sts whims are.

 

[dannyboy]

While I am not a doctor, I dont understand a hernia that a doctor will not let you work with, and the driver does not know how it happened? Or when? And then wants the company to fix it?

Either there is more to the story than you have posted, or I have missed something.

Anyway, glad he got it fixed. Seen to many injuries that Liberty Mutual has not paid for and some were definitely UPS employment related.

d

 

[trickpony1]

Danny,

Sometime ago, in a distant and since forgotten thread, someone commented that the company owns Liberty Mutual.

In the context used, "owns" meant truly has controlling percentage and/or wholly owned LM.

Are you acquainted with this cozy arrangement?

 

[xracer]

I don't know if this helps or not but I do know that UPS is self-insured, I am not completely sure what this means as to whether or not they own Liberty Mutual or not maybe somebody with a little more knowledge on this term can elaborate.

 

[laborer]

My understanding is that UPS pays all the benefits and Liberty Mutual just manages everything.....unsure if this is accurate or not.

 

[browniehound]

While I am not a doctor, I dont understand a hernia that a doctor will not let you work with, and the driver does not know how it happened? Or when? And then wants the company to fix it?

Either there is more to the story than you have posted, or I have missed something.

Anyway, glad he got it fixed. Seen to many injuries that Liberty Mutual has not paid for and some were definitely UPS employment related.

d

Danny, you can't qualify for a DOT card with a hernia. As for suing the company and winning, I wonder if it was worth it after all the hassle and laywer fees, etc...?

 

[over9five]

"and the driver does not know how it happened? Or when?"

Danny, why do you think they check us for hernias at DOT physicals? It is like a PMI for your body. OK, I wasn't going to tell this, but,....

13 years ago, I had a hernia discovered at my DOT physical. This was the old (pre-IPO) UPS. The doctor would not let me work. UPS insisted I get it fixed, AND THERE WAS NEVER A QUESTION OF WHERE IT MUST HAVE HAPPENED. OK, I take that back. The company nurse called and asked how I thought it happened, to which I replied, "Lifting heavy boxes at work". That was it. The company paid for everything, as they should. WITHOUT complaint, they took care of their driver.

Exact same thing happens to a driver now, completely different outcome.



"As for suing the company and winning, I wonder if it was worth it after all the hassle and laywer fees, etc...?"

Hound,
There were no attorney fees, and no hassle. The Union took care of everything.

 

[dannyboy]

As for liberty mutual and UPS. Liberty, as posted, is the instrument by which UPS pays claims, or not. Liberty gets "paid" more the less they have to pay on UPS's behalf. Think of it like bonus, the less you spend on road, the more you make. So for most claims that are not open and shut liability, look for Liberty to say no to the claim. Only when followed up on or legal action is used will they pay up. UPS claims it is Liberty mutual, and liberty claims it is UPS that is telling them not to pay the claim.

It seems that UPS's ownership in Liberty has come into question again, all I can say is that when that much money is involved, someone stands to gain. And with UPS buying into all types of businesses, it would stand to reason that Liberty would be one of those businesses. After all, it is a money maker.

d

 

[trickpony1]

I agree.
It seems I recall the company buying a bank and then, coincidentally, started the issue of credit cards. Guess who gets the interest money off those credit cards?
The logic might follow that the company would buy/own an insurance company considering it is a multibillion dollar industry.

 

[dannyboy]

Just remember, the medical field is 1/7 of the total economy if i remember discussions correctly.

As one of the nations top 10 employers, they have a lot to gain and loose when it comes to controlling health care costs and insurance costs.

And one of the most well paid CEO's, well over 1 billion by the time you add in stock options, is in the medical business.

But I am off topic, which is dog bites. Had enough, not pleasant at all, and usually the shots hurt worse than the bite itself.

d

 

[FEGuy]

UPS does not own Liberty Mutual. Check it out for yourself.
Once again, back to the thread...you did not "lose any wages" you voluntarily gave them up by taking unpaid days off. You had no medical restrictions.
You haven't a leg to stand on suing for "lost wages"
Good luck, hope the injuries have all healed.