workmans comp?

Pengwin

Pengwin

Bluelighter
Joined
Mar 15, 2005
Messages
337
Location
usa
so yeah i hurt my back at my job on 3/24 they sent me to the doc and all the doc said you got a back sprain yadda yadda she put me on "light duty". so i did a week of what they called light duty. then they put me on for 30 hours after working for a day or 2 my back was worse than i started so i went and saw the same doc told em it was getting worse not better. They put me back on light duty and referred me to a specialist to which my work decided to take me off the schedule. So i should get paid workmans comp for that... so i saw the specialist he says i might have a crushed disc but i need to do weeks and weeks of physical therapy if that dont fix it then we move on to the next step which is an mri and possibly surgery. So i bring this note to my work and they arent very happy with me (they forget that im the one in fucking pain every minute of the day) and they buck on me like so what you want a job handing out flyers or some shit. I tell them i can do light duty so they want to give me 8 hours a fucking week. So i dunno what to do my backs fucked up, what they call light duty is not helping my back (cause it requires alot of bending), and im pretty sure i cant get workmans comp if im working. I think my jobs trying to fuck me out of everything i cant get workmans comp if im working (which fucks my back up) and i cant live off of 8 hours a week. Basically i think my jobs trying to make me quit so they dont have to pay workmans comp or the 8 hours a week. I've been having trouble contacting the workman comp rep they set me up with but is there anything i can do here? i mean its hard to find a job now and its gonna be worse going in with a back injury so i cant get a new job. I reallly dunno what to do should i tell my workmans comp rep that i cant do the light duty they assign or what? I dont see why they take me off the schedule cause they have no light duty but then put me back on for a measly couple hours so i cant get workmans comp?


anyone been in a similar situation or have any suggestions on what i should do?
 
Pengwin said:
Basically i think my jobs trying to make me quit so they dont have to pay workmans comp or the 8 hours a week. I've been having trouble contacting the workman comp rep they set me up with but is there anything i can do here?
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that is exactly what they are trying to do.

if i was you i would get a lawyer who is experienced in worker's comp cases - and start looking for a new job, because whether or not you hire an attorney you are probably going to end up losing this job.
 
I used to work in HR for a couple years. If you were hurt on the job and you are unable to work the hours you worked before, you may be able to collect partial workers comp. These laws vary from state to state. There is also a chance you could collect unemployment for the reduced hours. Definitly get a lawyer if possible. It sounds like they a typical manual labor focused place that thinks WC shouldn't apply to them. Good luck man. If this injury was due to no fault of your own, then you owe it to yourself to make sure you are taken care of. A back injury can easily be a life long ordeal. Don't let them take advantage of you.
 
chester mcgruder said:
I used to work in HR for a couple years. If you were hurt on the job and you are unable to work the hours you worked before, you may be able to collect partial workers comp. These laws vary from state to state. There is also a chance you could collect unemployment for the reduced hours..
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thats the shitty part they have me as part time even though i used to work 30 + hours a week
 
I just went through a workman's comp claim at work and had to do some research to settle my own doubts about the procedure.

Basically you need to go back to your doctor and get him to agree with you that you don't need to be working AT ALL while you undergo your physical therapy. Once the doctor is in agreement with you then you will have to miss seven days from work before your workman's comp payment kicks in. This will be the easiest and best way to go about it. There are some states that will allow a "partial" payment on claims (if you are not able to work the entire work week), but it is important if you are in as much pain as you say you are that you do not work so that you can recover. You must make this point clear to your doctor. Also keep up with your mileage on each doctor's trip. Workman's Comp will reimburse you for travel to and from each doctors visit.
 
This kind of thing makes me a little angry.

First, the FIRST STEP is an MRI to confirm whether you have a herniated disc. You do not wait for weeks and weeks to confirm it, especially if you're in a job that requires hard labor. If you are lifting heavy, and continue to do so with a herniated disc, potentially serious (life-threatening) complications could result, such as cauda equina syndrome (which is rare, but if you tell someone who just herniated a disc to continue at their job lifting heavy items...).

What kind of "specialist" is this?

Second, find a lawyer who specializes in workers compensation, and have a discussion with him. You shouldn't need to pay any money for the initial consultation.

Third, what state are you in? Mind you, this is an internet forum, and nothing discussed or told to you here constitutes legal advice, and you should not rely upon it as such, but you might get some interesting answers nonetheless.
 
michael said:
that is exactly what they are trying to do.

if i was you i would get a lawyer who is experienced in worker's comp cases - and start looking for a new job, because whether or not you hire an attorney you are probably going to end up losing this job.
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I believe if they fire a result of filing this claim he can sue them for "retalitory discharge". That is a big no no for the employer.
 
I know it varys state to state.

Did you fill out an accident report. (I'm sure you did).
Comp is due for any hours you aren't being paid due to the light duty factor. We went through this for years with a friend of mine. It is at a reduced rate, but just the same. You need to file a claim. In my state, it is payable after 3 days out/injured. Make sure you get a lawyer because comp will drag their feet, not pay on time, all the excuses in the book, but in the long run, using a lawyer always pays in these cases.
 
i should amend my previous post - it is likely they are trying to make the OP quit. while you'd be entitled to worker's comp for the lost wages, it is at a reduced rate and you may not be able to pay your bills on it. the hope here is that you will quit your job and no longer be their problem.

if the doctor you see keeps you out of work, you will only be entitled to 12 weeks out under the FMLA. after this they can fire you at pretty much any time for pretty much any reason they want. in this instance while you would still be paid worker's comp, it will only be until the doctor decides you can return to work (hopefully you will still have a job at that point). their wc insurance carrier would still (theoretically) your payments and medical expenses. the reality is that you will end up fighting with them.

my advice is still to hire a lawyer experienced in these matters.
 
Consult a lawyer.

Go back to your doctor, and insist on an MRI, which is the only way to tell whether you have herniated a disc.
 
yeah, you need to know your rights. i advise people on these matters all the time but the rules in aus are likely to be different to over there. find out who the authority is in your state. for federal employees here, there's the administrative appeals tribunal to appeal to.

speak to the insurance provider. they will assign a case manager to your case. get as much medical evidence together. not just of your condition but how it ties to your work. get referred to a specialist asap and get their advice. your employer and their insurance agent are likely to send you to their doctors, who may take great measures to belittle your condition, and should this occur, you need a doctor of at least equal qualification to provide contrary evidence.

do not succumb to the bullying tactics. they only do that when they are scared anyway.
 
Well i finally got in contact with my workmans comp lady im waiting to see what PT is gonna be covered and then i guess i gotta see if i can go back to the doctor and try and get taken off work. It's just this "light duty" they got me on is bullshit they want me to be non stop bending stretching standing up. I leave work fucked up. My specialist didnt even give me anymore muscle relaxers so im about to run out the skelaxin (woo) that i got from patient first the place my work orginally sent me.

i was told to talk to the union rep but she was like yeah we they probably wont help you unless you join... and then i dunno what we can do... "yeah k thanks" i dunno im struggling 8 - 12 hours a week is bs but yeah i gotta talk more with my workmans comp lady if she will ever call me back grr. why if i live in va i have to talk to someone way the fuck else
 
Your PT will likely consist of a series of stretching, yoga-like exercises, to be performed daily, along with possibly some electrical stimulation of the affected area. That's it.

If your pain is still relatively severe after this amount of time, then your doctor needs to order an MRI. Your insurance should cover this. An MRI is the only way to tell whether you have a herniated disc; if you do have a herniated disc, then the doctor will fill the requisite disability forms without a second thought, and they will go unchallenged.

If you DON'T have a herniated disc, then the back problem should resolve itself relatively soon.

In addition to muscle relaxers, you should probably, though not necessarily, be prescribed a high dose of ibuprofen.

Good luck.
 
make sure they adhere to whatever restrictions the doctor writes for you. keep a log of every time they ask you to do something past that. make sure to speak up if you are not comfortable performing something asked of you.

they will almost definitely try to intimidate you into quitting.

there are many online forums dedicated to worker's comp issues. i would really suggest looking one up and reading about it. you will likely find someone going through the same things you are.
 
lesson to lurkers: join your union BEFORE you need them. that way they are much more inclined to help you when you need the help.

p.s. i work at a union.
 
It really ends up being the W/C bullshitter that make it hard on emplyees that are truly injured. Don't quit. That is what they are looking for. You have rights to get treated. The normal treatment progression of low back injury through WC is MD visit, meds, PT for 4-6 weeks, MRI, Injections or Oral steroids, 3 month period usually with PT (sometimes I have seen this last up to a year), surgery. I would strongly deter you from gettimg into low back surgeries. Outcomes for lumbar surgeries suck.

Herniated disc or no herniated disk, the tissue in your back needs to heal. You no doubt have a sprain or strain or the muscles or ligaments. Right off the top you need 4-6 weeks to allow the tisse to heal. If you are abusing your back everyday, your symptoms will get better very slowly or they can stay the same. If they don't improve then you end up dealing with chronic issues that end up being much more complicated. If you don't get put off of work, use good body mechanics as much as possible. Do a google search for tips.

Good luck
 
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