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debysu46
04-06-2006, 08:56 AM
Anyone who had read my preivous thread about being in pain and no ins.
I was just wondering would it be right if maybe I looked into having this looked at thru workers comp? It may or may not be work related and they could at least tell me that much. I know I had the surgery 4 years ago but I have not had this problem until about a month ago when I started to have to do all that lifting at work. My concern though if it was work that aggaravated the situation from a 4 yr old surgery would it be worth a try? I mean since I have no insurance and cannot afford to see a dr.

Debbie

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mb100
04-06-2006, 10:32 AM
If you did it at work, it's covered under workers comp. Did you tell them at work yet? (that you are hurt)

debysu46
04-06-2006, 04:20 PM
I have not told them at work that I was hurt. I am not sure if it is from work or just from the surgery I had. I thought maybe a dr could determine if work has aggravated this.

mb100
04-06-2006, 04:48 PM
Hi Debbie,

Try posting your question on the disability board, maybe someone on there would know what to do.....

Take it slow, Mike

Ramsfan
04-06-2006, 10:30 PM
Debbie,

Don't wait until you see your Dr. to tell them at work. Let work know of your discomfort that started when you started lifting at work just so you can get it on record. If a Dr. claims it was aggravated by the lifting, your work may question why you waited so long to report it. Believe me, companies do not like paying workers comp and will look for ways to avoid it if possible. I work in an HR position and it's see this frequently. Get it on record now. If it turns out not to be aggravated from work there's no harm done. Do you work in a union environment?

Frank

debysu46
04-08-2006, 08:31 AM
I do not work in a union environment. I just want to say that I am not in any way trying to get over on workers comp., I just was wondering if it could of indeed been what I do at work that aggravated the condition.
Thank you for your response.
Debbie

mb100
04-08-2006, 09:39 AM
Hi Debbie,

Was your first surgery from a work injury?
Was it at the same company?
Was it caused by doing the same thing you're doing now?
Was it a work comp issue before, and did they pay for it?
Did you settle with them after surgery?

Nobody is saying that you are trying to get over on workers comp, we're all friends here.

Yes, a Dr. can tell (pretty much) if a particular job could have caused a particular injury. They (Work comp) will send you for an "evaluation" to determine if the injury was indeed job related.

If your doing something that causes your symptoms at work, the next time you do it, and it hurts, you need to report it. Immediately. Like Ramsfan said, If it's found that it wasnt from work, no harm no foul. But you need to report it.

Let us know whats going on.

Sucks not knowing whats next dont it? That was always the hardest part for me.

Take it slow....Mike

SpineAZ
04-09-2006, 06:08 PM
The best thing to do is to report to your company that you may have injured yourself via your work. Usually what happens is (1) you report what occurred, what hurts, etc (2) the WC nurse or Case Manager will call you to discuss it with you to evaluate the situation (3) If you claim that work created or aggravated the condition they may then send you to a physician for evaluation - that is when the physician can begin the process of determining of the injury/illness is work related.

Even if you had prior surgery or injury, but your current job has aggravated the condition, it may indeed be compensable under WC.

mb100
04-09-2006, 11:42 PM
Howdy Debbie, it's Mike again. We've, (at least me) have had some experience with this workers comp. Answer the questions I asked before and we can better guide you, but you have to give us something to work with.

I said before, we are all friends here brought together by a comman bond. This board keeps us all anonymous so you need not worry. we just want to help......

Take it slow.....Mike

debysu46
04-29-2006, 06:32 PM
I wanted to answer your questions Mike. I havent been on in a few days. But anyway.
The time when I had my surgery before, 4 yrs ago I did not turn it in to workers comp. I went ahead and did it with my own personal insurance out of fear of losing my job because another coworker had an injury and a claim and rumor was she was going to be fired and they rode her hard. My biggest mistake because I believe it was a work injury then like it is now.
I have been to the dr twice now and they say it is work related. They have put me on restrictions but my employer ignores them and I still have to lift and bend and reach, do all the things that dr says I cannot do. I went to my appt the other day and told the dr this and so she just wrote on the paper that they must comply with restrictions. They say I will get better if I follow their orders. I do not think so. I burn and in pain every single day. They took xrays and say I have a bone spur on my neck. I do not trust these worker comp drs, I have been seeing a practioneer. I know my body and I am scared.

ThoreauFan
04-30-2006, 12:28 AM
I wanted to answer your questions Mike. I havent been on in a few days. But anyway.
The time when I had my surgery before, 4 yrs ago I did not turn it in to workers comp. I went ahead and did it with my own personal insurance out of fear of losing my job because another coworker had an injury and a claim and rumor was she was going to be fired and they rode her hard. My biggest mistake because I believe it was a work injury then like it is now.
I have been to the dr twice now and they say it is work related. They have put me on restrictions but my employer ignores them and I still have to lift and bend and reach, do all the things that dr says I cannot do. I went to my appt the other day and told the dr this and so she just wrote on the paper that they must comply with restrictions. They say I will get better if I follow their orders. I do not think so. I burn and in pain every single day. They took xrays and say I have a bone spur on my neck. I do not trust these worker comp drs, I have been seeing a practioneer. I know my body and I am scared.
Those worries are no fun.

You may want to speak to one of the "Legal Aid" offices in your area. You are protected at work -- you have some form of disability. Usually, a simple letter or phone call is enough to straighten things out. Your employer cannot, or should not, be disregarding medical restrictions. It's a big "no, no." :nono:

debysu46
04-30-2006, 08:32 AM
I go back to work tomorrow and I will give them my paper on restrictions and this time if they refuse to follow I am going to just tell them I need to go home because I am on restrictions and cannot do this. As my dr told me to tell them I could not. I am going to start taking care of me. I am just leery of these drs as I know they do everything to keep you working and when I used my own dr before it was much different which at that time one wrong move of my neck then and I could have been permantly damaged. They just seem to be much more thorough then a workers comp dr. For 3 days last week I could barely walk, I had to walk real slow with a limp, I was in great pain in my legs. Then it just went away. I told the dr this as it scared me. She did not know what it could be, thought maybe I slept wrong. Now I knew something was wrong and am afraid it will come back.

SpineAZ
04-30-2006, 01:49 PM
My suggestion would be to look into getting a reputable WC attorney.

debysu46
05-03-2006, 07:46 AM
I went back to work again and gave my restrictions to supervisor and in the office and explained what the dr said that they must comply and its 3 days later and not the first thing has been done about it.
When I go back to the dr this friday and if I tell her this I am afraid they will be done with me because they said I must comply also or would not get better. Honestly I do not think I will get better as just sitting causes great pain in the neck and burning. Now I have burning pains down the back of my leg.
I dont think any attorney would take my case. We all know our bodies better than anyone and I would feel better if they referred me to a specialist in this matter instead of a wc practioneer. But there is nothing I can do about it.
When I tell the dr I still hurt they look at me like I am crazy or something that it should be better by now.

SpineAZ
05-04-2006, 12:49 AM
There are reputable attorneys that specialize in Workers' Compensation, so consider searching for one. A good WC attorney can help get you the right care at the right time, and can help you in the WC claim process. Also, the WC physician they have sent you to may have some credentials and/or be a speciailst. Be sure to provide them a list of symptoms, what works for you in pain relief, what does not, and ask the physician for a written treatment plan.

debysu46
05-06-2006, 08:44 AM
Just updating on whats going on. I have now went for my 3rd visit to dr. The dr was very upset because they said my employer should have complied with my restrictions from day one and has done nothing. There was a complaint by another coworker because my son who works there was helping me do the lifting and loading because no one would help me. I told the dr this and she told me to just ignore the comments. She is calling my employment on Monday and now has set me up with pt. Also has put more restrictions now added not to operate any machinary. I am now going to at least check out my options with a wc attorney because I also feel work is causing me more harm by not complying. I now have more symptoms, such as burning pain in back of leg and arm just feels like it is going to give out, tired feeling and tingling in arm. Dont know if a wc attorney will help me or not, may just tell me I dont have anything.

Justoneofus
05-06-2006, 02:03 PM
Hi Deb,

I have read the posts here from you and everyone. I am a fellow back suffer like the rest of us here. I am post op 2 weeks with a fusion done at L4-L5. I am doing ok, a few issues still with pain in my legs, but it takes time to heal. Doc is working well with me on this. My job was not contributing factor to my problem. Im a paralegal desk jockey.

Some pieces of the puzzle are a bit sketchy for me, but from what I can see, you may have a suit on your hands with your employer ignoring a doctor's medical advice to put you on light duty and you're feeling forced to continue lifting, by the way (why would you continue to do so?) And I would be asking to see upper management about it right away. I used to be an HR Director, so I say complain! It will get some attention. And read your HR manual thoroughly, it's a bible which normally protects the employers for the most part. Use that book to help you get what you need. Show them policy that says you are entitled to be taken care of. The sqeaky wheel always gets the grease first! And when you come to them prepared for battle, most will cave everytime.

Im a little confused, are you seeing two different practioners? One privately and one with WC? The W-Comp's doc is to verify your injury is sustained in the workplace and do what they can to get you back to work as soon as possible. What kind of doctor is the WC pracitioner you are seeing? You should have an MRI with this going on this long by now. Did i miss that you had one? That doc you seeing that says you are supposed to be limited on your work, what type of doctor is he/she?

Look forward to hearing more. Hang in there, you will feel better soon. Great things happen when we least expect them to. We are all on this forum for like reasons, to get and give advice to help us.

debysu46
05-07-2006, 09:29 AM
To start off answering your questions, first off we do not have an hr in our company. I work for a small company. There is no HR manual. They sent me to the dr, one of 3 on the list. It is a walk in clinic. I only see the Practioneer there. I have not had an mri, not since before my last surgery 4 years ago.
I lift because if no one is around I have to or risk being fired for not doing my job. I already had a complaint made against me for having help with lifting and loading. And for me going to my employer to voice how I felt what the other co worker said about me, not having a d---- thing wrong with me and she was aggravated at me getting help, I am getting a write up for telling them I did not like what she said because she denys saying it, so therefore now I am making a false statement. Her word against mine. I have been at that place over 8 years, never late and do not miss maybe couple times a year. Never have had a write up. Now I feel they are trying to make a paper trail against me so they can fire me because of this injury. So that is why I feel I need to at least seek the advice of an attorney. Either they can help or they can't. If not I am screwed because I know that I cannot continue to work in this pain, nor under the stress. I have always been a good worker. I work production and lately my production has taken a dive big time so am also afraid they will use that on me too and say I am not putting out the work anymore. I am not an outgoing person, but timid and usually dont speak what I really need to say or be heard.

ThoreauFan
05-07-2006, 05:16 PM
Now I feel they are trying to make a paper trail against me so they can fire me because of this injury. So that is why I feel I need to at least seek the advice of an attorney.
--An EMPLOYMENT Attorney is not the same thing as a WC Attorney.

This is a very, very important distinction.

I would immediately visit tennlegalaid.com or do a search for: legal aid Tennessee.

BTW, an injury need not be sustained in the workplace to be considered a WC injury.

Good luck. :wave:





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