I carried a 35 lb box back to breakroom to process. I felt pain in my injured arm. Saw a phone and yellow pages, called a lawyer. He told me her actions were illegal. If someone can get 3 million for accidental coffee scalding I think I'd get something for what she did. Might have been a lot less than 3 million, but something.
Out for a Few Weeks
- Thread starter MassWineGuy
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No one got 3 million for that. What were your damages?
Made to feel my job was on the line? 2 days after severe dislocation with potential for serious nerve damage(according to doctor)she called me at home and said she spoke to doctor and he said ok to come in and work if careful then put me at serious risk insisting I move all those boxes? Told me to do it myself, don't bother CSA's. Reckless disregard. If I had done what she ordered me to do I would have hurt myself. That she sent me home for 3 weeks after what lawyer said should tell you what jeopardy she realized she was in. And I would've sued company if I got hurt as she was their representative.
Managers are responsible for safety. Was unloading a small can, the kind you hunch over in, in Texas. As I handed the last box out our manager yanked on the strap from behind the can without asking if it was clear. Sent me flying and really torqued my lower back and was about 6 inches from slamming into the end of power belt. I flat out yelled at him. What if I had messed up a knee or slammed my face into the belt? As the manager he was the one held responsible for a safe workplace. No, wouldn't have sued for what if, but as in the above situation I would've sued for actual injury. And I think a doctor telling jury he told her absolutely no lifting would've won the case.
floridays
Well-Known Member
And that is the only word in this whole conversation that matters. He could choose to file suit if a lawyer would take it, but the only damage would be what was owed to the lawyer upon dismissal.
floridays
Well-Known Member
Must be able to prove actual damages, remedy in a civil action is to make plaintiff whole for actual damages, no damage = no recovery.
Schweddy
Balls
Don’t know the figure but it was McDonald’s hot covfefe
And I wouldn't have sued if not hurt, but if I had permanent nerve damage to my arm, which I was told not to lift anything with, and it was illegal for her to contact my doctor, I would've sued. And most likely FedEx would've sought a quick, small settlement with me leaving the company, so wouldn't have got enough on my pension to not be working now.
Was it illegal? I really don't know. I do know WC laws are different state to state and change regularly (at least around here). '94 was a long time ago.
According to lawyer it was. Back then we had special IBM shipments and I was courier responsible for delivering them while station was doing sort. One of the locations was a storage unit. Unit door was in shadow so ice hadn't melted yet. I slipped to my knees three times trying to get door opened. Finally did, put boxes inside, shut the door, and turned to leave. Feet shot out from under me, landed fully on shoulder which popped like a gunshot. I started yelling for help, storage manager came out, saw arm dangling, started laughing. Found out from lawyer because I was on clock, New Mexico law, could only get workman's comp. But her actions were beyond my injury, were illegal according to lawyer. Threatening tone on phone, insisted I come in. Maybe I wouldn't have gotten anything, but experience dealing with FedEx over years is this: they don't like paying money for nothing. Their attitude is that if they push injured courier enough he'll "recover" quickly enough to get back to work. They want something for paying me for three weeks sitting around. She should have, and ultimately did, let me recover at home. Near end of three weeks started calling me daily, bullying tone, wanted to know when I'd be back. I was supposed to start physical therapy at end of three weeks, got my doctor to sign off on letting me return to work, as whole experience made me feel I was in jeopardy of losing my job. So yeah, if I had done what she wanted, and doctor had told me my arm wasn't healing properly due to lifting at work, that it would never be right, and if I had a crystal ball showing the direction company was headed with raises and pension, I would have sued. And I would have had a respected local doctor in his 60's telling them my boss called him up and pushed him(his words to me) to allow me to do light duty, and he ok'd it as long as I was extremely careful and did no lifting, which she immediately ignored.
UpstateNYUPSer(Ret)
Well-Known Member
Does Express offer light duty?
UPS uses light duty as a means to keep an on the job injury off the books. We had a kid who also slipped while walking on ice----he was wearing the cleats---and hurt his ankle. He is working in the office doing whatever needs to be done (shuttling misloads, bringing out replacement DIADs, etc.) while receiving his daily guarantee, which is much more than he would make if he were at home collecting comp.
UPS uses light duty as a means to keep an on the job injury off the books. We had a kid who also slipped while walking on ice----he was wearing the cleats---and hurt his ankle. He is working in the office doing whatever needs to be done (shuttling misloads, bringing out replacement DIADs, etc.) while receiving his daily guarantee, which is much more than he would make if he were at home collecting comp.
FedEx will work you around two or three hours a day and reduce your workman's comp payments by amount they paid you. At least back then.
Future
Victory Ride
I was on that once in my career .... broke my ankle ....
Went bat ass crazy in the office doing silly crap.....pleaded with my Dr 2 clear me 2 weeks early ....back 2 full Duty ...LOL
UpstateNYUPSer(Ret)
Well-Known Member
You can't have both and they are correct when they reduce your comp accordingly.
UpstateNYUPSer(Ret)
Well-Known Member
I was off for 4 weeks following the surgery on my elbows. Sat at home for two weeks and then had two weeks of light duty which consisted of me sitting in the jump seat while a cover driver ran my route.
Future
Victory Ride
What happened 2 your elbows?
UpstateNYUPSer(Ret)
Well-Known Member
Bilateral ulnar nerve release surgery.
Basically had tingling in my fingertips on both hands-----doc went in and relocated the nerve-----have no issues since.
When I was there for the consult he told me that it would be one month downtime for each elbow. Told him I couldn't take two months off and asked if we could do both at the same time. Dramatically cut down my sex life.
Not surprising but typical for them they want to push employee enough that he wants to return to work. In a number of stations I worked numerous employees, including myself, had back injuries. FedEx maintained a relationship with a local clinic that would quickly clear us for work after a couple of sessions of massage therapy. I knew a number of couriers who went to other doctors after being cleared and told no, not healed. They'd end up in big arguments with their managers who insisted company paid clinic said they were fine. This was way back when. Don't recall seeing that in last 15 years so suspect company got burned on it in court like they did for so many other things.
UpstateNYUPSer(Ret)
Well-Known Member
We are legally entitled to seek a second opinion but must go to their doctor first.
Future
Victory Ride
Had a driver ...years back ... poor guy slipped on some ice ...the way he fell and landed ...broke them both ...
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