XPO | Workmens Comp and ConWay

ccxnobody

TB Regular
Credits
0
As a service to my co-workers, I offer this advice to you while employed at ConWay. I do not know the various state laws concerning workmens compensation, but I do know they are all very similar. I offer this advice based on my own serious injury which I incurred nearly 8 years ago which now is more then likely going to end my trucking ambitions. Many years ago I was struck by a pallet of freight which weighed nearly 700 pounds. This pallet was tall and smashed me at the hands of an FOS to the trailer wall. The immediate injury that evening didnt indicate what would happen to me the next day and several times a year to this date. As a result of this injury, I now suffer degenerative disc disease of my L4/L5 disc. Along with complications of the cervical spine. In anycase, what happened then has resulted in my being incompacitated to perform my duties whether it be driving or dock work as mandated by Conway and its environment.

To protect yourself in any injury with this company. You must file a notification of injury. The silly injury report Conway gives you is not the legal requirement to initiate a case. You must serve official notice to the employer AND the state workmens comp commission to facilitate this. When you fill out the employer first notification of injury (the injury report you fill out at work), you may or may not know whether this injury will be persistant or not. If you do not seek medical attention which sort of officiates the injury, like our TM, they probably just toss the injury report in the trash after a very short amount of time.

When you do go see the doctor. Try and obtain all copies of the doctors report itself. The little notes the doc writes is very important. Conway will lose your medical records over the course of time. They did mine either through direct intervention or accidental. None the less, there is no legal requirement here in my state for them to keep the records for any length of time. Their excuse was the doctors practice was bought out, moved and they just simply cannot locate the records. Convenient? A search of the state workmens comp commission revealed the most bare minimum of information, the basic same return to work papers I received to come back to work at the time of the injury.

Do not under any circumstances blow an injury off. Especially a structural type (bone, connecting tissue, etc). These will more then likely return to haunt you in the future.

Obtain the services of a lawyer. Workmens comp lawyers work differently then injury lawyers in both compensation and state regulated requirements. Conway will in most instances not pay you what you are entitled to. Another I did not learn until nearly 8 years from injury. A lawyer without regards to what your particular state advises, will protect your rights. Remember, we are a self insured company and contract with the likes of out here Travelers, to administer our insurance. They get paid and contracted based on performance. Performance meaning cost containment for the company. This is in no way to be confused with your benefits. The more they pay you, the least they look good for their contracting employer.

Workmens comp is an often time abused program. It is the cause for the problems we all encounter while trying to obtain our benefits under it. You have the right to be either repaired, compensated or both. Most states have removed whether the injury was your fault or not. Some states are more employee orientated then others. Bottom line is, if you are injured at Conway, YOU and only YOU can protect yourself, Conway will not do this.

On a final note, most states allow a secondary opinion, use this. Preferably use a doctor recommended by your attorny. They know who is credible and who is not. Credible being more opt to fix what is broken. This is especially important in any orthorpedic type injury.

To sum it up. Get a lawyer. Keep all copies. File official state mandated notice of injury to employer and state commission. Do not try and ride injury out. Do not take Conways advice. Remember, Conway is against you. They are not your workmens comp buddies. Their view and position is simply cost containment.

Be safe.
 
this is a very imformative post.

a little history about myself. i started with Con-Way in july of 2005 and was injured in november of the same year. i worked for like 3 months or so on light duty while they tried to figure out the injury and the best treatment for it. im not sure what exactly the purpose of light duty is supposed to be but for me it was hell. watching my fellows workers bust their *** everyday and not being able to pitch in really sucked. also the jobs i was given were prety crappy and monotonous.

i was finally sent home for good(until i was healed that is) after it was decided by the doctor that it was going to take longer to heal than the amount of time people are given for light duty. 5 months of doctors appts, drugs, x-rays, mris, and physical therapy it was decided i was good to return to work, thank god.

i knew then i wasnt healed completely but decided to just work through it and hope for the best. i returned to work but quickly realized i was fighting a losing battle in terms of getting my injury fixed. i lasted 10 months until it got so bad that i couldnt do it anymore. so, at the end of may 07 i was sent back home and have been there since.

here are a few of my gripes, and praises of our company work comp system. i believe if i am not mistaken our fellow workers who get called up for active military duty are entitled to have their insurance paid for by the company while they are away. while getting hit by a 500 pound spool of wire may not be as patriotic as getting sent to iraq i have a hard time not feeling sh!t on that i get nothing in terms of medical coverage for me or my family. it wouldnt even be a noticeable expenditure to keep coverage on hurt workers who were already in the system and took one for the "team". and for anyone whos wondering, it was ruled "non-preventable". it really sucks to know your family is one serious illness away from financial ruin because you were doing your job.

one thing i will give Con_Way kudos for is the hands off treatment they give you, at least for me while im under doctors care. ive heard the horror stories from so many people how companies mess with people while they are on workmens comp and im just amazed at how well ive had it. TM told me to go home and get better and come back when im ready just check in every few weeks to give them a status report. and when i went back he went out of his way to come shake my hand and say "glad to have you back". things like this go a long way with me because they are personal and heart felt.

i havent got an attorney involved with my case because my checks come every week, all my doctors bills have been paid and the insurance company works with my doctors for the best possible treatment i can get. God willing ill be returning in a month or so which im really looking forward to.

so my advice....if you get hurt, no matter how slight, REPORT IT. get some documentation on it so that if it turns out later to be much worse theres a paper trail on it. also, get copies of ANYTHING that has your signature on and keep a journal of any conversations you have with, management, lawyers, insurance companies, or police agencies.
 
To sum it up. Get a lawyer. Keep all copies. File official state mandated notice of injury to employer and state commission. Do not try and ride injury out. Do not take Conways advice. Remember, Conway is against you. They are not your workmens comp buddies. Their view and position is simply cost containment.

Be safe.

That sums it up! :1036316054:
A reputable Work Comp Lawyer is your best bet when in doubt.
Most people do not realize this and feel as long as their boo boo's are heald and paid for by the company all is good.
They also feel uneasy at the thought of settling a claim for the injury incurred.

Do yourselves a favor and seek legal counsel when a serious injury happens at work.

I have a story that will blow your mind! Too bad I am not going to tell it and I apologize for teasing you. (Now go ahead and search your rights under Work Comp...YOU WILL BE AMAZED.)


Great awareness topic and I am going to greenie-ize you for this.
 
Yes, thank you both for raising awareness in this arena. I am grateful as I have yet to experience anything like you two have but know some that have and from their prospective, I will go out on a limb and say your advice is sound.
 
Yes, thank you both for raising awareness in this arena. I am grateful as I have yet to experience anything like you two have but know some that have and from their prospective, I will go out on a limb and say your advice is sound.

Of course my advice is sound. It is from me. Seriously, my only goal in the beginning of all this (mid 2006) was to get my back fixed, as I am not retarded and realize I have quiet a few years left in which I have to work. My simple goal was to get fixed and back to work. Neurosurgeon and orthopedic both needed to see the original doctors notes in my records for the original injury in 2000 to try and better understand the causes of the ongoing trauma my lower back is experiencing. That was in 3-06. So between then and 8-06 I tried to get the records. Simply could not. So I sought the assistance of a workmens comp attorney simply to get my back fix and continue with my life. To my surprise and the lawyers, no such records could be found. Fortunately though, I had all the return to work pages I received way back then, and there was a state commission case number as I was out of work during initial injury for about 5 weeks. So for the last nearly 9 years, I have been increasing in instability, pain, etc etc etc to the point now I have nerves pinched and numbness in parts of my legs. I have no reflexes in my left knee (which is a complete trip), and it needed to be fixed. But the beauty of it all is, it cannot be fixed without major surgery which will leave me in pain as well, so the balance is to get the surgical pain to be less then the destroyed disc pain. Nice options I thought as I had visions of eating dog food and living under a bridge with my "I will work for food sign".

Anyways, dragging it on now. The lawyer was the best thing as she has how you rednecks says, oh yeah, learned me the right way to do things. Out of all my injuries I have had with CCX, like falling through dock plates, transmissions knocking the snot out of me by falling from the inside top of a trailer, 70 pound boxes falling from a 53' van to my head while opening the door while hostling, whiplash and a minor concussion while driving, new guys smashing my hand into a nail all the way across the top bones of my left hand, and so on...there were only 2 case numbers with the state commission. Why? Because I didnt know, and CCX didnt tell me. Sure they fixed my at the time of the injury. But what do you do 5 or so years down the road when that 70 pound box which knocked the snot out of did in fact rip a cervical disc? There is no case of it, no nothing except your medical records provided they can find them. Why? Cause I didnt serve the company or the state commission a notice of injury.

That is where the lawyer comes in. Not every case needs a settlement. Nor does every case need an impairment rating. But in EVERY case YOU and I need the protection of our rights afforded by the federal and state laws for our protection now and in the future. That is where the attorney comes in.
 
this is a very imformative post.

i havent got an attorney involved with my case because my checks come every week, all my doctors bills have been paid and the insurance company works with my doctors for the best possible treatment i can get. God willing ill be returning in a month or so which im really looking forward to.

so my advice....if you get hurt, no matter how slight, REPORT IT. get some documentation on it so that if it turns out later to be much worse theres a paper trail on it. also, get copies of ANYTHING that has your signature on and keep a journal of any conversations you have with, management, lawyers, insurance companies, or police agencies.

Do you know what a "VA" is and the importance of its meaning is? Do you have a expected MMI? Do you have a projected impairment rating? Do you know what any of these things are and what the impact will be on you? I didnt. Now I do. The checks you are getting now are simply the income checks you are entitled to. Whatever your injury is to be out as long as you state, you will more then likely have an impairment rating. Now you can allow Conway to send you to their doctor to determine the impairment rating and you will probably not know any better and when they slap the impairment rating their doctor gives you in the VA which you un knowingly sign, that is it for you snookums. Whatever impairment rating their doc gives you is it. My orthopedic gave me a 13 percent. Their doctor gave me a 5 percent. He didnt even touch me physically and only had me stand to look at him and try and bend to my side. With that chicken crap examination he determined me to have a 5 percent impairment rating. Why? Cause if he gives any better, Conway/Travelers obvisouly wont use him anymore, and there is good money in those things for doctors, profesional fees and so on. In any case, through my attorney it was negotiated down to 9 percent. Which I was ok with that as my prognosis was not too peachy at the time and I knew the clock was ticking on my sorry butt.

The moral is, you have to have an attorney. You will be taken advantage of now, which will completely screw you later if and when the injury gets worse. These are things that Conway will not tell you. And most states discourage your need for an attorney as it costs the insurance people tons of money to have to get their contracted attorneys to try and screw you. So the lobbyist win and the state discourages you. Even though you are now, by your lonesome against a huge insurance administrator who does nothing else in the world on a daily basis then to cost contain their clients interest at the cost of screwing you. See now?
 
yeah, i got a permanacy rating, which i believe is what you an impairment rating. my own doctor gave me the rating. im not saying dont get a lawyer, im saying i havent needed one because Con-Way, the insurance company and my doctors have all gotten along through this. i also plan on comming back to work for Con-Way so the old addage "dont sh!t where you eat" kind of pertains to me.

one thing i forgot to mention is that more than once the insurance company hired a private detective to follow me and make sure i was indeed injured. i found this out because the insurance company accidently copied the wrong papers and sent them to my qrc( an advocate that organizes my treatment plan and advises me which route to take).
 
yeah, i got a permanacy rating, which i believe is what you an impairment rating. my own doctor gave me the rating. im not saying dont get a lawyer, im saying i havent needed one because Con-Way, the insurance company and my doctors have all gotten along through this. i also plan on comming back to work for Con-Way so the old addage "dont sh!t where you eat" kind of pertains to me.

one thing i forgot to mention is that more than once the insurance company hired a private detective to follow me and make sure i was indeed injured. i found this out because the insurance company accidently copied the wrong papers and sent them to my qrc( an advocate that organizes my treatment plan and advises me which route to take).


It is sad, but fraud is a very real and rampent thing in workmens comp. It sucks, but is none the less a reality. It really pisses me off too, because then when honest people like myself (I consider myself to be honest anyways), get injured, the past fraud and abuse makes it difficult for everyone who may not be so criminally minded. If one is truly injured the one should not be concerned about detectives following them and should to a degree welcome it in an attempt to prosecute the thieves. Now on the same token, one should be able to conduct business outside of his workplace within limits of the injury. Simply put, because my back is trashed, my lawn still needs to be mowed and there is absolutely no way conway or any other company would give you that extra allowance to mow your yard, take your trash out, shovel your snow or whatever, or even drive you sorry butt to Home Depot to buy a light bulb or whatever. So hopefully the workmens comp commissions across the country do realize this and take this into consideration when evidence is introduced by the insurance carriers contradicting your injury claims or severity of the claims. I suppose for me to be hauling roofing shingles up a ladder to my roof while out on workmens comp due to say a sprang ankle could and should warrant a fraud investigation.

And yes the permanency is the same as the impairment rating. Jeez I seem to just rattle on and on and on...sorry.
 
yeah, i got a permanacy rating, which i believe is what you an impairment rating. my own doctor gave me the rating. im not saying dont get a lawyer, im saying i havent needed one because Con-Way, the insurance company and my doctors have all gotten along through this. i also plan on comming back to work for Con-Way so the old addage "dont sh!t where you eat" kind of pertains to me.

one thing i forgot to mention is that more than once the insurance company hired a private detective to follow me and make sure i was indeed injured. i found this out because the insurance company accidently copied the wrong papers and sent them to my qrc( an advocate that organizes my treatment plan and advises me which route to take).

Oh and one other thing with the crapping in your food bin remark. One thing with Conway (a rare plus from me) is they will generally leave you alone with the workmens comp. They leave the dirty work to the insurance administrators. We have several people at our terminal who have spent more time on workmens comp light duty status then they have on regular duty (figuratively speaking). And they have been doing it for years (possibly the very fraud/abusive type of people I mentioned earlier) and nothing has ever been said to them. Workmens comp is a complicated matter which I think Conway pretty much leaves up to the insurance administers. Keeps them out of trouble. But with your injury, do not know anything about it, you could very well be entitled to a compensation based on the permanency rating. This is not to be confused with a settlement. It isnt even to be confused as a partial settlement (which many do call it). It is simply a payment system designed by the various states to compensate you for taking part of your bodily functions away. Sorry we broke your ability to bend over adequately and take a dump because of your back, here take this $19000.00 and accept our sincerest of get wells. The settlement is when you leave the employer. This contains the loss you actually suffered, potential future losses due to the furthering of injury, future loss earnings (what you are potentially losing in your pay as a result of what you are able to make versus what you made when forced to leave your job), potential medical costs (if your prognosis possibly includes future surgery) and whatever your lawyer can get in the settlement. This is the process of Conway being rid of you, your injury and any future liability with it.

Good luck and I certainly hope you fair well going it alone and feel better.
 
ccxnobody, I feel for you, what happened to you was very unfortunate, and its too bad you have to pursue this legally to get any where. I doesn`t count for much but I gave you a greenie for bringing this to light!
 
ccxnobody, I feel for you, what happened to you was very unfortunate, and its too bad you have to pursue this legally to get any where. I doesn`t count for much but I gave you a greenie for bringing this to light!

I am not really sure what a greenie is, but it sounds like it cannot be all that bad..so umm, thanks.
 
Another gee whiz thing about workmens comp...now that I am on light duty, I have not received any supplemental workmens comp as I was told by my terminal manager...since early March...why? Cause no one told me I had to send my pay stubs into the workmens comp lady on a weekly basis...so there is something else for you to know about unless you already did, which I didnt as I have never been on light duty before.
 
An update about conways concern for you...

was taken off light duty to no duty in april, tm said conway has a 120 day limit for light duty...even though i came back to work for a 1.5 week period of full duty hence re-setting the 120 day period...had to start looking for other work within my now indefinite light duty restrictions to the tune of 5 searches a week, forwarded through my attorney to conways insurance person at Travelers...doctor released me to full duty for my wrist, so travelers person filed to terminate weekly compensation, even though i was also under other injury (indefinite restrictions(lower back disc degeneration disease))...travelers stopped the weekly checks two weeks ago based on the return to full duty status of wrist, lawyer had to request emergency hearing with workmens comp commission after failing to get travelers to honor their requirements under the law...so now we wait for that which is supposed to be next week...

moral of story...conway, through its chosen insurance administrators is costing me some headache...now after the hearing they will have to pay the back checks, interest and my attorneys fees for having to request and do the hearing thing...hows that for saving money for the company...
 
I hope you stay with conway after your claim.Take it from me, a claim on your background will send emloyers running in the opposite direction.I filed in 01, and am have been turned down to this day even after orientation.no surgery or medication, no drugs and pass all physicals,(cleared by DOT dr, and yes I tell them about it)clean driving record and still no job. I understand companies being cautious, but not everybody is out to scam them, some people are actually honest and want to work ! ok I'll jump off the soap box.....

:funky:
 
Top