Need advice ASAP. Injured worker being threatened with being fired.

[no_hypocrisy]

A young man has a job at UPS in the warehouse, loading boxes although he's not union and in "management". He has an injury from less than a year ago where his shoulder was torn (popped out) while working at UPS and never had medical attention other than putting it back in place (no WC, no disability).

Yesterday he slipped on a conveyor belt with rollers, fell, grabbed onto a pipe but had to let go due to the prior injury, and fell two stories to the concrete floor. He had to go to ER via ambulance. He tore the shoulder and the other shoulder with it and the doctor insists on surgery.

Today, he's being told by UPS not to file worker's comp but rather to go through HIS insurance, to trust UPS to pay all his medical bills and rehab (including surgery) that the insurance won't cover, and not to report the incident. AND he's being given ONE day off (tomorrow) but is expected back on the loading docks with those injured shoulders doing regular work. If he doesn't show up, they said they will fire him.

He's scared to death of getting fired as he isn't union. And he won't listen to how workers comp will pay 100 percent of medical bills (you can go to almost any doctor you choose, and get the necessary treatment) and physical therapy AND to apply for disability, NOT TO MENTION if you're fired for filing workers comp, you can sue.

He's a newlywed and is afraid of losing a house he just bought last year. But he's going to lose it if he can't pay the medical/hospital/rehab bills b/c the bills will go to collection, judgments will be obtained, and liens will be put his home.

QUESTION: WHERE SHOULD HE GET ADVICE ABOUT HIS RIGHTS? OSHA? Someone in another union? And he needs to know ASAP. UPS has a bad track record of covering up onsite job injuries.

[LARED]

1. Many states have labor relations departments

where he can report this type of behavior

[no_hypocrisy]

3. Thanks. It's a good start.

I appreciate it.

[Omaha Steve]

2. It should be a teamster shop

The teamsters can't represent him. They can advise him and tell him how the union handles these cases. The state labor board would be the next step, and or a WC lawyers.

[no_hypocrisy]

4. Thanks. I just PM'd you.

You beat me with your response.

Thank you again.

[hisownpetard]

5. I'm not an expert on this subject, but (as long as he is being paid "on the books" by UPS)

I do not think it's a good idea file this with his personal insurance company but, instead, should immediately
file an "Incident Report" as en employee, since the injury happened on the job. For one thing, his own insurance company
may claim that anything related to the shoulder that "popped out" is related to a "pre-existing" condition, even though the current injury
is in no way related to that.
Also, his own insurance rates may go up.

I have also heard that UPS has a record of trying to cover up WC injuries. My advice (which, admittedly, is not at all expert) is that - as long
as he's legally employed and on the books - he should file an Incident Report and be seen immediately by an E.R.

[Nay]

7. I second this. He should immediately file an injury report with UPS,

by certified, return-receipt mail if he cannot go back in to the office. I hope he told the docs in the emergency room that the injury was an on-the-job one-- if not, he should call the hospital and clarify that with them, or better yet, send them a letter, too. In all things like this, leave a paper trail, keeping copies for yourself and writing a timeline of everything that happens--every contact, all witnesses to the accident, what the bosses said, etc., etc. The main thing right now is to file it as a WC injury and get that on the record. He should also call his state's Labor Relations Board, or WC claims office, and ask them what else he should do. If he has any money at all, he should not do a thing (except file this accident as WC) until he hires a WC lawyer and gets his advice.

I'm no expert, either, but I've seen a few people go through this with asshole employers.

[Bitwit1234]

6. If all else fails he can SUE....

[hisownpetard]

8. Follow Up: How's he doing?? nt

[no_hypocrisy]

9. I'll let you know later. I'm on the phone with OSHA now.

[no_hypocrisy]

10. Update: It doesn't look as though the kid is going the route of workers comp or disability

and may go back to work. He thinks it's his fault he got hurt. Believes UPS that his health insurance will cover tests, pharmaceuticals, surgery, and rehab 100 percent. Worried he'll get fired.

In the meantime, he can't take a shower b/c he can't lift his arms at all due to the pain and disability.

He won't talk to his father, he won't talk to me, and he won't talk to the state labor board for workers comp.

I've got to calm down. This is madness. Talk about swallowing the Koolaid and asking for seconds.

:grr:
:grr:
:grr: