Discipline for On The Job Injury

[DeMar]

I have a friend who twisted his ankle while out delivering his route.   (during the count)  (3/4)
He was able to finish, came in and reported it to the supervisor.  He went to urgent care and was off a few
days with it.  Should have been more time off but since it was during the count... he persuaded the doctors
to release him although they didn't really want to.

Yesterday...  He receives a letter of warning.  There were several things listed, first one being that he didn't
report it immediately when it happened.  Secondly,  failure to follow instructions.  Get this, the reason for this is because we had safety standups regarding slip trips and falls.  Problem is... they gave it after his
injury.  So how can he fail to follow instructions... you know, not to slip trip or fall when they didn't give us
those instructions until after he got hurt.  Another thing was he should be more diligent in his job.  Be more aware of his surroundings.   They quoted a couple of things from the ELM, and the PO603 about reporting it immediately and other crap.

So, my question... we grieve.  How do we go about fighting this?  How can they prove that he wasn't being aware of his surroundings?      I think this is just terrible but look who we work for.

Thanks for any help.....

[daboysdada]

I would ask how immediate this carrier or any carrier is required to report if especially if the carrier does not have either a cell phone or a signal for their cell phone. I would also have the carrier if they have not already give a detailed statement of what happened. Write down the date of the accident and ask the supers for their notes from the standups before that date. I don't believe that they can skip the conversation and go straight to a letter. They have to give carriers verbal notice, letter of warning, seven day suspension, fourteen day suspension, and then if it gets that far, termination. Grieve it immediately.

[DeMar]

daboysdada.... Thank you so much for your reply.  We are having a tremendous amount of trouble
since the count.  Micro management if you will.    Thanks again.

[DeMar]

Another question,

How much time do you have to report an injury?

[vax]

   In N. Va its then and there! immediately if no sooner, have seen several folks get fired for not reporting right away, they got jobs back but it took a while, be careful!

[daboysdada]

I believe Federal Law is 3 business days to report an accident/injury. I sprained my knee during a parcel run a couple years ago at Christmas time and reported it as soon as I returned to the office. Let me know how it turns out for you.

[Stanley]

Your friend should have contacted his assigned steward immediately and file a grievance on the letter of warning within 14 days of his recieving it.  Not get second hand advice from strangers on an internet site!!!  Hopefully he filed in a timely manner.

[daboysdada]

As a local steward I told him the same thing I would tell a carrier in my office.

[DeMar]

thank you daboysdada...  

He did file a grievance within the alloted time.  The reason I asked here was because we have
a very passive local steward and I was looking for some insight.  I was trying to help him out
where the steward was not.  

I have been a part of this "online" group for years... I know some of you and appreciate all the help
you have given me.  Strangers.. maybe.. but we are all in the same boat.  PT has given us a venue to
ask what we are unsure about.  I appreciate it.

[vax]

   No federal law here, its postal law and order!!!

[daboysdada]

Not to be rude or anything but there are also federal laws regarding how much time any employee has to report an injury. It's grouped usually with the minimum wage posters and OSHA stuff. I used to work retail and fast food before the PO and that is where I saw them in those places.

[rca]

Falure to follow instructions?  Give me a brake!  It is not like he was not following a direct order such as you do this or else kinda thing.  Those kinds of stand ups is there to remind us to be careful but should not be taken as an order.  That kind of thing is impossiable to ask of us.    Reguardless if we work for the Post Office or not!  Yes, to cover all our butts (including the Post Office) there is steps we are reguired to go by when such things happen!  And they have the right to fight it as much as your friend does.  But they are counting on us not giving it the time of day so they can get away with it.  I agree with daboysdada and would follow the advice.  Te Poast Office is damn sure going to fight it, even when it will cost them some money in times they say they are finacially hurting, why shouldn't he????  Getting hurt on the job for gods sake!!!!  Post Office needs to grow a heart.

[daboysdada]

The PO does have a Heart............ it just happens to be of a little boy that is kept in a jar of formaldehyde on someone's desk in D.C.

[RRC T]

I am a Regular.  I was out for three months due to a car accident.  WHen I got back to work, I helped in anyway that I could to get back into the swing of things.  I came in early and clerked off the clock to help out the only 2 clerks we had who are also friends of mine.  I got a back spasm one day and had to leave until the next morning.  When I returned I received a 30 day notice of removal.  I got mad and gave the clerks a letter about all the hours I had worked .  They filed their grevience.  I was off for 2 weeks without pay and returned to work time served.  Two months later, I left a package sticking out of a mailbox on a busy road, because of traffic.  THe super saw it on his way home and took a picture of it.  I got a PDI and two weeks later another 30 day removal notice.  The union had a convention the first week, now here the second week I hear the labor person in charge is on leave till September.  I have rec'd no word yet from anyone what is going on.  I then realized that because the clerks got paid for my hours, this is repercussions to that.  WHy else?  I haven't had any complaints or anything for at least a year until this.  What can I do to get back to work?  Waiting is just putting me more in debt.  I feel so helpless.  I have been with the PO for 11 years.  This is truly unfair.  I need answers and help.

[Vax]

    Working off the clock is as unfair as you can get, your shorting someone else of the work they get paid for, and if you do it on your route your cheating all the folks who keep an honest time for what they do, as well as shafting a toothless union, with all the undertime !   Look what wonderful things you got for all your free work!!

[RRC T]

I understand that now.  But you see I was raised to do the job and do it well, never use the expression "Its not my job".  The Postal service is a whole nother life and since that episode, I have said that more than once.  I now know why people come in, do their work, and go home.  Nothing more , nothing less.  I have rearranged my whole way of thinking when it comes to this job and I will never help out in any way again.  Today I hear when i am going back to work.  I hope its in the morning. As for the pay that was kept from the clerks, well they got every bit of it. thats why I got the 30 notice.

Our Post office is so laxed in areas and way too much involved in others.  Things don't get checked out anymore, yet if they can't find something, they come straight to you.  Now I live my job by the book.  Literally, I have a book and I document everything and I mean everything.  Funny, sometimes the book comes up missing, then gets replaced after a few days.

From now on, I will go in, do my job, and get out of there.  Shame, A happy working environment makes happy employees.  Guess they haven't learned that yet.

[Vax]

   When you have been with the PO for any length of time , you will see no laws but Postal versions of laws mean anything, we get pdi here for being sick and bringing in a note from a Dr., we get a pdi if sick 3 times within 90 days, wife works for feds, and cant believe the crap the PO pulls all the time!   Being close to national HQ doesnt matter much, here Postal big boys dont worry about national at all!    We are run by amateurs!

[Vax]

   Had the same feeling 25 years ago when I started, didnt believe in unions, didnt think any body needed them, but found out quickly, our union wasnt much to brag about, do your job and get the hell out!
   Its grat how management let you work off the clock, good for them, then wants to nail you to the wall later, good luck,  careful is the word, we screw up we get discipline, we work to slow trouble again, get sick in trouble again, was a deacent job 24 years ago, even though you got cheated at every count, now it plain stinks, in urban areas anyway!
    Sadly the longer you work for the PO the harder you get, and need to be reminded, to lighten up on folks!

[Klondike]

I am a PTF letter carrier and been employed for 5yrs. I am also the Top PTF that will be in line to get my own route in less than a year. A couple months back i had popped my shoulder out (rotator cuff) i believe. I was reaching for a spur/slug on the back left side of the truck. This happend at the end of the day around 3:15pm. I was in pain for at least 10 seconds before my shoulder popped back in, so i didn't think it was a big deal. I reported my injury right away.. as soon as i walked in the door. My supervisor called my post master and the post master called me on my cell phone 2 mintues later and intimidated me into not filing any injury report but told me to use my best judgement. So being the nice guy that i am, i decided to man up and not file any injury report. I have been working everyday since this injury happend.

Last friday my shoulder popped out again when i was doing laundry before i went to work. Yes, i did go to work that day and tryed not to let anything bother me. During lunch break i decided to make a doctor appointment to get it looked at. I couldn't get the doctor appt until monday at 3pm. I decided to not go to work on saturday and monday knowing my shoulder might pop out again soon. My girlfriend said that i should stay over her house and she would take care of me... aww

My supervisor had called my cell phone that saturday morning and left 5 messages and even called my mom and woke her up and said i had never called in which is a lie since i called the automated number and recieved my confirmation number. My supervisor also said that my post master had gone to my house to look for me and i wasn't there. Can you believe this crap? It gets better.. My supervisor said she also needs my paperwork from the doctors to be faxed right away to her office.

I had talked briefly with my union rep and he said to ask for the CA1, CA17, and FLMA paperwork and fill everything out. He also said that i need to get the exact day and time it happend. This is bad because i dont know the exact date it happend, but than again i can go into my phone records hopefully and see when my post master had called me.

what should i do? I am in a tough situation...  

[gjtrisa]

Call the injury comp guy at the NRLCA headquarters.  Our dues pay for his advice and I think you need an expert to assist you with this.


-----Original Message-----
From: Klondike (via Nabble) - No Reply <[hidden email]>
Sent: Tue, Sep 1, 2009 5:29 pm
Subject: Re: Discipline for On The Job Injury

I am a PTF letter carrier and been employed for 5yrs. I am also the Top PTF that will be in line to get my own route in less than a year. A couple months back i had popped my shoulder out (rotator cuff) i believe. I was reaching for a spur/slug on the back left side of the truck. This happend at the end of the day around 3:15pm. I was in pain for at least 10 seconds before my shoulder popped back in, so i didn't think it was a big deal. I reported my injury right away.. as soon as i walked in the door. My supervisor called my post master and the post master called me on my cell phone 2 mintues later and intimidated me into not filing any injury report but told me to use my best judgement. So being the nice guy that i am, i decided to man up and not file any injury report. I have been working everyday since this injury happend.

Last friday my shoulder popped out again when i was doing laundry before i went to work. Yes, i did go to work that day and tryed not to let anything bother me. During lunch break i decided to make a doctor appointment to get it looked at. I couldn't get the doctor appt until monday at 3pm. I decided to not go to work on saturday and monday knowing my shoulder might pop out again soon. My girlfriend said that i should stay over her house and she would take care of me... aww

My supervisor had called my cell phone that saturday morning and left 5 messages and even called my mom and woke her up and said i had never called in which is a lie since i called the automated number and recieved my confirmation number. My supervisor also said that my post master had gone to my house to look for me and i wasn't there. Can you believe this crap? It gets better.. My supervisor said she also needs my paperwork from the doctors to be faxed right away to her office.

I had talked briefly with my union rep and he said to ask for the CA1, CA17, and FLMA paperwork and fill everything out. He also said that i need to get the exact day and time it happend. This is bad because i dont know the exact date it happend, but than again i can go into my phone records hopefully and see when my post master had called me.

what should i do? I am in a tough situation...