Work comp injury permanent restrictions

[carbine86]

I have my ADA paperwork rolling and cannot get short term disability. Over the past two years i have had two shoulder surgires on the same shoulder due to my job(UPS). Now after being out of work since last march i now have permenent restrictions which don't allow me to go back to my job. I am hoping that once my paperwork is done that ups can accomadate my restritions with a new job position. Has anyone here gone thru something similar and could give me some pointers. By the way I'm only 27.

[Love Life]

You're young. Have you considered another career field?

[leadman]

The ADA paperwork should help you out with being reassigned to a new position. IIRC if the new position is lower pay you can still draw at the old higher rate for a period of time. You may have to bargain with them on this. I have been retired for 7 years so my info may not be up to date. I was involved in the industrial injuries when I was the safety guy for the department I worked for with my employer.
Since the injuries are permanent you should also be compensated based on the percentage of disability. I had a 10% permanent injury and it netted me around $12,000 about 20 years ago. Still sucks to have a permanent disability though.
If UPS refuses to reassign you make sure you contact the agent for your ADA as this may help you out.
I had a joint removed in my right thumb and was released back to light duty with a brace on it but my employer refused to put me back to work. I was a Foreman at the time and did mostly paperwork behind a desk. I told my supervisor I was going fishing then and said ok. I stopped on the way home and filed an ADA suite against my employer. I told the wife when I got home to pack, we were going on vacation! We traveled around and ended up in Yellowstone. My employer had been trying to reach me to say they wanted me back. Told them me next doctor appt was not for several weeks and would see them after that.
When I got back my employer's ADA dept. restored all of the vacation and sick time I used after the light duty release. My Supervisor was stunned. I had told him he was wrong in not letting me come back to work before I left on vacation and reminded him of that. What fun. LOL.

[carbine86]

You're young. Have you considered another career field?
Well my plan was to work part time with ups as i have been until a semi driver position became available for my senority level. This injury does have a small chance to speed that up to almost immediately however i never put in a letter of intent stating i would like to be considered for the driver spot.

[MrWolf]

IIRC ADA accommodations are made by the company to allow you to do the same job with reasonable restrictions. You would still be expected to do the same amount of work as anyone else in that same title. That would be great if they gave you a different position. Good luck.

[Moonie]

I was injured at work when I was about your age. 3 ruptured disks in my thoracic spine. The company I worked for was never willing to offer me a position my doctor thought I could do. I took the opportunity to learn a new career. I am now a computer server administrator.

[Freightman]

I worked for Yellow Freight for 20+ years when I injured my back and they wouldn't release me to return to my job, Yellow just said tough. Went to the Union they said we don't have any help, so I educated myself and got permanent disability. Difference is I was 54, if I had been 27 I would have just went and enrolled in collage and got an education. My experience is company's could care less about what happens to you after they can't make a profit from you.
Go get a education forget the trucks I drove one for 35 years not worth the wear and tear on your body.
I was sent to the state re-hab commission and passed the test for them to help me with tuition to four years of collage, just to be told I was too old and would not be helped, but you are half the age I was. That was 21 years ago I could have been a productive member of society but they said I was to old.

[w5pv]

Don't try to fight them by yourself some time times all it takes is for a lawyer to write a couple of letters to get their attention.You don't have to sue to get their attention.I don't recomend sueing.

[Epd230]

The first thing that you can do is get a good personal injury attorney. He/she will guide you through the obstacles. You should be able to obtain a cash settlement for your disability, the amount will depend on the percentage of injury. In the end, a consultation with any attorney will cost you nothing. They will typically handle your case at no cost to you, until you get paid. Then it is usually around 33%.

Sounds like a lot, but consider the possible alternative, which is nothing and a run around from your boss.

PM me if you want a referral to my guy. He is in Chicago and if he cannot help you across the border, then he can probably give you a reference.

[blackthorn]

If you are a Union worker, your first line of assistance is to call your Union office. In BC there is no obligation for the Union to assist you but many do, provide representation (mine did). If there is no help there your next line of assistance is to get a Lawyer. Keep in mind that lawyers fees are negotialble in most instances. Be sure of what it will cost you before you agree to hire anyone. Since Workers Comp rules and regulations vary from place to place, it is hard for anyone outside your jurisdiction to advise you. Good luck.