A 2003 shoulder injury to Keith Jones was the beginning of a long process and lawsuit for UPS. In Jones vs. United Parcel Service Inc., Jones claimed that UPS kept him from going back to work an any company position due to his action of filing a Workers’ Compensation claim following the injury. Jones had been a driver for UPS.
Jones claimed the shipping company acted contrary to the Americans with Disabilities Act when the company said a doctor issued lifting restriction of 20 pounds prevented him from working in any position within UPS. Later, when two doctors verified that Jones had recovered enough to lift 70 pounds, UPS manager continued to prevent Jones from going back to work.
Because 10th U.S. Circuit Court of Appeals determined UPS likely retaliated against Jones when it blocked him from returning to work with lifting restrictions; it determined a $630,300 jury award for his actual damages. The amount is less than the lower court’s ruling of $2 million, because the appeals court felt that award was excessive given the particulars of the case.
The appeals court said Jones is entitled to pursue a new jury trial to determine and appropriate punitive damages in the case.
Having the right processes and training in place regarding Workers’ Compensation is extremely important to prevent legal actions against your company. Did the UPS manager act according to UPS’ written policies? Is the scope of their policies enough, and we’re they communicated to the staff recently? Do you have written policies and training programs to make sure your staff understands them? These are the kinds of things you can put in place at your company.
Modern Business Associates is an HR company that focuses on payroll and HR outsourcing. We routinely work with clients to prevent Workers’ Compensation issues. As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.