Injured on the job

35years

Gravy route
They are not trying to hide his injury. They only have to report it if it is a lost time injury. And it is reported to OSHA, not workers comp.

Now, they will go to far extremes to keep it from being a lost time injury and reportable, but there should be a paper trail and an injury report filled out. This will cover him in regards to workers comp.

As long as he is working, it is not a lost time injury and is not reportable. Hence, he is still working "light duty."
You are correct that a lost time injury is reported to OSHA. I said they may be hiding his work-comp injury because the OP had some confusion over if this was a work-comp (work related) injury or a disability claim (non work related). My particular State has mandatory reporting requirements (to the State Dept of Labor Workers Comp devision) for all compensatable work related injuries/illnesses. The OP would be eligible to receive workers compensation for the overtime he has lost, along with compensation for travel to and from his doctor etc. even though he is working TAW. So UPS would be obligated to report the injury to State dept of Labor workers Comp division.

The injury is likely still an OSHA reportable injury, just not a lost time injury. Below is a link to the applicable statutes...
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9638

In particular...
1904.7(a)Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
1904.7(b)(4)How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.

1904.7(b)(4)(iv)If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case?No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.
 

35years

Gravy route
Been on TAW since Oct when I was injured during my preload shift and have been on modified duty with restrictions. I'm lucky if I get through a through a week without feeling any pain in the area of my injury but I continue to work because It's better than claiming disability when I know I can get through it with my current restrictions. My question is am I limited to the amount of hours I can work each day or am I required to go home after my guaranteed 3.5?
If your doctor ordered 3.5 hours maximum OR if UPS has not been giving you your usual hours and/or overtime, you may be able to file for workers comp pay to partially cover your missed hours/overtime along with compensation for travel to and from the doctor.
Also it worries me than this much time has gone by and I haven't gotten back to where I was pre injury. How long can I continue to stay on modified duty if my injury doesn't improve?
You need to call your state workman's comp helpline. If you are concerned that your course of treatment is not healing you, you may have the option to get a second opinion possibly from a doctor of your choosing (make it a good one). But you need to find out the rules in your State.
 
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Jkloc420

Do you need an air compressor or tire gauge
It is all in the way ups wants to report. I had a broken foot and was out 8 weeks. Did it at ups and doctor said I couldn't work unless accommodations were made. One was ups picking me up and taking me home work. Another was to be seated for the majority of the shift. They didn't care if I got over the 3.5. They wanted me there so they didn't have to report it as a work related injury or however they could word it different. Ups has to report and document that stuff, it looks bad on their record if people r missing work.
 

35years

Gravy route
Each state has different work comp laws. Mine allows you to seek out a 2nd opinion. After you have seen the 2nd doctor you must choose between the 2. You are locked into your choice of doctor by seeing one of the 2 doctors a 2nd time for your next appointment. If you choose the non-UPS doctor, UPS will still require you to see their doctor but he is not your doctor of choice and you will never see a bill. In my experience a non-UPS doctor will be less likely to send you back to full duty early, or lift restrictions before you are healed. A UPS doctor is usually less likely to refer you to a specialist.

Around here UPS has a specific doctor who is known by the lawyers and other doctors to deny legitimate work comp claims, will limit your care to the bare minimum, and send you back to full duty way before you are ready.
 

RiskyBusiness

Active Member
If your doctor ordered 3.5 hours maximum OR if UPS has not been giving you your usual hours and/or overtime, you may be able to file for workers comp pay to partially cover your missed hours/overtime along with compensation for travel to and from the doctor.

You need to call your state workman's comp helpline. If you are concerned that your course of treatment is not healing you, you may have the option to get a second opinion possibly from a doctor of your choosing (make it a good one). But you need to find out the rules in your State.

There is no hour restrictions on my documents so thank you very much for advising me i could file to cover my normal hours. They have been starting me 2 hours after building start time so that after 3hours or so there's no more work to be had. Should I ask to have an earlier start time as that would fall into a seniority issue?

I have already been given a 2nd opinion from a 2nd Dr and now i'm being seen by a specialist. They denied chiropractic services until I told them I was going to see a lawyer about not having any course of treatment and the following day I got a call that the insurance cleared me to see the chiropractor. So that's where I'm at now, I'll go ahead and follow up on calling the hotline to see what can be done about my hours although im part time every half hour or extra hour makes a big difference to me.
 
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