Workers comp and FMLA

browndriverguy2015

Well-Known Member
I was injured on the job and received multiple surgeries to get better. I'm trying to get back to work now, but I was told I can't come back until I'm at 100%.
I tried to file for FMLA for temp reduced hours until I can fully complete a 14 hour day, but I was told that I can't file for FMLA until I work another 12 months or 1250 hours.

I have been out about 18 months

Doesn't an on the job injury keep all of our benefits?

I just don't want them to screw with me too bad if I can't work 60 hours a week.

Thanks.
 

scooby0048

This page left intentionally blank
I was injured on the job and received multiple surgeries to get better. I'm trying to get back to work now, but I was told I can't come back until I'm at 100%.
I tried to file for FMLA for temp reduced hours until I can fully complete a 14 hour day, but I was told that I can't file for FMLA until I work another 12 months or 1250 hours.

I have been out about 18 months

Doesn't an on the job injury keep all of our benefits?

I just don't want them to screw with me too bad if I can't work 60 hours a week.

Thanks.

If it happened on the job, why would you file FMLA? Take the workman's comp and stay out till you are 100%. If you were forced to return to work, can't you get on the 9.5 list?
 

browndriverguy2015

Well-Known Member
The doctor and the therapist think I'm ready to get back to work and so do I and all parties think I should start with 8 hours and work my way up.

There are other drivers in my center that have 8 hour days or less everyday.
 

scooby0048

This page left intentionally blank
The doctor and the therapist think I'm ready to get back to work and so do I and all parties think I should start with 8 hours and work my way up.

There are other drivers in my center that have 8 hour days or less everyday.
So what's the problem man? Everyone, including you think you're ready to go back to work but you want to start at 8hrs? It doesn't work that way and just because other drivers in your center are getting less doesn't mean everyone or anyone is entitled.

Don't you think everyone wants to have a nice 8hr day everyday? You work at the pace that is safe for you and ask for help if you can't get the workload done.
 

browndriverguy2015

Well-Known Member
So what's the problem man? Everyone, including you think you're ready to go back to work but you want to start at 8hrs? It doesn't work that way and just because other drivers in your center are getting less doesn't mean everyone or anyone is entitled.

Don't you think everyone wants to have a nice 8hr day everyday? You work at the pace that is safe for you and ask for help if you can't get the workload done.


Everyone thinks I should start with 8 hours and see how the joint holds up. Not many docs want to see 120k in medical services thrown out the window because the company won't listen to him.

I'm not saying anything about being entitled. I'm just talking about being fair. I just need some getting used to this after a prolonged time off then I SHOULD be good.
 

scooby0048

This page left intentionally blank
Everyone thinks I should start with 8 hours and see how the joint holds up. Not many docs want to see 120k in medical services thrown out the window because the company won't listen to him.

I'm not saying anything about being entitled. I'm just talking about being fair. I just need some getting used to this after a prolonged time off then I SHOULD be good.
Are you not eligible to get on the 9.5 lists?
 

Indecisi0n

Well-Known Member
There is no "light work". You're either back 100% or not at all. Can't work a 11.5 hr day then you aren't ready to come back. Stay on Comp and get a lawyer.
 

MyTripisCut

Never bought my own handtruck
I'm an X man, but I'm probably going to take a route when I get back.
Why? If your an X man, then stay one!


IMG_1051.JPG
 

ManInBrown

Well-Known Member
Average of 10.5 hours per day.

I went back for a couple days and I worked 11.5 hours. Then the doc said I should start with 8, so they put me back on comp....
You have to make it clear to the doctor that UPS isn't your normal job. There is no such thing as easing back in. There is no such thing as I can only work 8 hour days
 

UpstateNYUPSer(Ret)

Well-Known Member
The doctor and the therapist think I'm ready to get back to work and so do I and all parties think I should start with 8 hours and work my way up.

There are other drivers in my center that have 8 hour days or less everyday.

You must be 100% able to do the job.

FMLA is unpaid leave so I have no idea why you would want that.

As much as it sucks to sit at home, keep collecting comp and continue rehabbing until you are fully cleared to return to work.

14 hours days??
 

UpstateNYUPSer(Ret)

Well-Known Member
Everyone thinks I should start with 8 hours and see how the joint holds up. Not many docs want to see 120k in medical services thrown out the window because the company won't listen to him.

I'm not saying anything about being entitled. I'm just talking about being fair. I just need some getting used to this after a prolonged time off then I SHOULD be good.

They used to offer "job hardening", which does makes sense. Not anymore----you have to be fully cleared and able to do the job without a reduced dispatch.
 

bottomups

Bad Moon Risen'
After each of my worker's compensation injuries, I returned to work under the PACE program. Eased back into work with reduced hours and gradually increased until 100% unrestricted over a period of 3-4 weeks.
 

bottomups

Bad Moon Risen'
You do not have to be 100% unrestricted by your MD to return to work after a worker's compensation injury. The company can choose to take you back with a reduced work load.
Liberty Mutual always offered me a choice between a work hardening program or PACE when I was close to being able to return.
PACE is designed to return the injured employee back to full-time unrestricted status over a predetermined amount of time. After my last shoulder injury, I returned with 6 hour days for a week and then gradually increased over a period of 4 weeks until unrestricted.
I would ask your Liberty Mutual case manager or your center manager if PACE is offered in your area.
 
Top