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ABF | Workman's Compensation Claims

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Has anyone else at ABF terminals experienced "DENIAL" of their workman's compensation claims of injury while performing their jobs. Seems an individual at "Risk Management" has decided to deny about 90% of all claims. He thinks that pulling a pin on a fifth-wheel and pulling a muscle is not work related. He gave an example to one of the guys he denied as follows. "I was at my desk and reached over to pick up a muffin and I pulled a muscle. That's not work related." The guys says to him "are you ****** serious?" This seems to be the new normal out of the Fort.Or is it just at SCH? More retributions?
 
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It's all business to them and if they can do anything to avoid it they will. No offense (just telling how they look at it) but a pulled muscle is a minor injury (as opposed to torn rotator cuff, sprained back, etc.) and what they do is deny it figuring that most will work it out at home and with their family doctor, relieving them of their troubles and it works enough to make it worth their while. They will also give it a push with injuries that could happen elsewhere and fraud could be an issue. If you're making a tough delivery, or freight falls on you on the dock and you tear your shoulder out, your back drops out on you, you break your leg, etc, which couldn't have happened at home and feigned at work it's a different story and they seem to own right up to it. All just business to them.
 
Yes 3 or 4 at o65cv me being the latest. Missed a mnth, i was going to start a thread but you beat me to it thnx.had to get a friggin lawyer who is going to take 33pct; what a bunch of bs. Wonder if there is anything we can do legally other than on an individual basis, maybe as a group like a class action?
 
Many states have a dept that handles these kinds of issues, and oversees workman comp claims.
Why get an attorney when your tax dollars will force the company to follow the law..
 
Yes but we are self insured and they have a group of lawyers that handle it for abf so when they deny your claim you have to get a lawyer . If you know of somebody that does it for free in ohio let us know thnx
 
Contact your Local. They have attorneys on retainer that will advise you for free. Here in Western Penna., the law firm of Pass , Intreri, and McKay have issued a handbook for Worker's Compensation cases. They are on retainer in J.C.#40. They take Union Worker's Compensation cases , sometimes pro bono, depending on how egregious the companies' actions were.
 
how much a lawyer can take in work comp is regulated by law. In almost all states it is 25% plus there might be additional costs to recover documents, third party Drs, etc.. This Company is a bunch aof pr&cks to deal with and in most larger cities the caseworkers and their Drs are in ABF's pockets and will do you absolutely no favors. I disagree with the prior poster. Do not go through your local for an attorney! As those attorneys and ABF's are likely used to working together and don't have your interest at heart but the lawyers and ABFs!! Been there done that!!!! Trust me find a reputable work comp practice (a large one and that's all they do) go with them,, they will make sure you are being told the right things and paid correctly and seen properly!! Remember ABF basically does not like us! they want us to work for ***** now, be gone all the time, lose vacation, shut terminals down.. they do not want to pay for anymore.. Their work comp person is a witch!! Don't allow them to rcord you or write a written statement except an original incident report. Other than that, tell them to go get ****** and go to an ER if they wont allow you treatment..Once you obtain treatment the first time, hire an attorney!!! BTW, you will not be treated well!! Get an Attorney!!!
 
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I am non union and I am not trying to cause a non vs union deal. I know from expierence how getting hurt on the job can change a families lives. I got hurt and wc did nothing but deny everthing. They will do everything in thier power to keep from paying a claim. I lost 10 years senority and every thing else that goes with it in a blink of an eye and was left having to get my injury treated out of my own pocket. So I would tell everyone that gets hurt to pay for it out of pocket themselves and avoid the long battle. Get a lawyer or ombudsman as soon as possible. Lawyers I tried to get would only take the case if there was money to be made. I do not post much on the board because I can no longer drive a truck let alone do what it takes to deliver freight. I just want to pass on my expierence with workers comp if anyone needs help.
 
In addition to the advice already given be careful what you post on the social network. That is public domain & can be used against you even in court. I know of a worker who lost his job a while back. He filed a workmen's comp claim with ABF & a part time job for the same injury. He posted pics of himself water skiing while he was supposedly unable to work. The state comp people caught the two claims for the same injury & had the pics of him water skiing while drawing disability. The state may file charges & demand payment for the benefits he received. Again Facebook etc. is public domain so be careful what you put out there for the world to see.
 
DCM_Doc said:
In addition to the advice already given be careful what you post on the social network. That is public domain & can be used against you even in court. I know of a worker who lost his job a while back. He filed a workmen's comp claim with ABF & a part time job for the same injury. He posted pics of himself water skiing while he was supposedly unable to work. The state comp people caught the two claims for the same injury & had the pics of him water skiing while drawing disability. The state may file charges & demand payment for the benefits he received. Again Facebook etc. is public domain so be careful what you put out there for the world to see.
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That's fraud anyway , he should pay it back and face criminal penalties he broke the law
 
abfempm said:
Yes 3 or 4 at o65cv me being the latest. Missed a mnth, i was going to start a thread but you beat me to it thnx.had to get a friggin lawyer who is going to take 33pct; what a bunch of bs. Wonder if there is anything we can do legally other than on an individual basis, maybe as a group like a class action?
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Workmans comp lawyers for the most part don't even come close to 33% .. First time you talk to one is generally free and then they can tell you what they charge... Trust me and I have been dealing with workers comp for over three years with YRC and their dopey insurance managers.. Get yourself a lawyer..
 
One more thing all should know is that we have the right to go to our own doctor for comp injuries unless state law prohibits it. Must notify the company who we are going to though and I believe it must be in writing. Written is best anyway.
 
ABFer said:
One more thing all should know is that we have the right to go to our own doctor for comp injuries unless state law prohibits it. Must notify the company who we are going to though and I believe it must be in writing. Written is best anyway.
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That is the way it is in NY state.. But you must be sure that the Doc you go to accepts Workers comp because if your insurance or the union finds out it is Workers comp related they will not cover you.
 
Worker's comp is an unusual thing. Mandated by the Federal Government but regulated individually by each state government. Therefore the laws are different in every state. In PA the laws are pretty fair and the providers are fairly compensated, not like Medicare/Medicaid where the rates are less than the going rate for procedures. There are also punitive fees for failure for a company to pay as they should. This makes it fairly easy to get quality care if you follow the rules. Of course the company doctors are working for the company and you will see that if you go to them whereas your own doctor is looking out for your best interests only. That is why it is best to go straight to your own doctor and notify the company.
 
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