Back Injury-may lose career, help !

Long Term Care Columnist / Guide · Mar 1, 2008

I wish we could help you here, furoffire. It must be terrifying to be in the position you are in. However, I think you would be best served by consulting an attorney who specializes in worker's comp cases. The facility can't just "let you go", they are supposed to find suitable work somewhere in the organization that you can physically handle. It sounds like you're getting a bunch of opinions rather than information, and it certainly wouldn't be the first time that a hospital's bean-counters were uninformed about the law. Don't just take their word for it; get a lawyer!

Good luck to you.........looks like you'll need it.

llg, PhD, RN · Mar 1, 2008

Definitely get a lawyer who will represent YOUR INTERESTS in this matter. Don't rely on your employer to voluntarity take care of you. Your employer is interested primarily in furthering it's own interest, not you.

kayla123 · Mar 2, 2008

Ten years ago I ran into a pt's room, the floor was mopped and there was no sign put up (cleaning lady forgot to put one up) I went down on my behind and could not get back up. Herniated L4 and L5, (shown on an MRI I got when I went to see a neuro-surgeon that I knew from work) hurt like the dickens, had the numbness, tingling, and a lot of pain. Jumped through the worker's comp hoops, did the light duty (which at times was worse then full duty!) This went on for a month. Eventually it did not get any better, although the comp doctors TOLD me how I felt. The comp nurse from the hospital actually stated that I just didn't feel like working and there was nothing wrong with me. I got tired of the attitude from everyone. I hired an attorney, thank goodness I had the MRI that I paid for, that was my proof. Remember hospital attorneys are there to protect themselves, NOT you. They represent the hospital and will protect their bread and butter at any cost. Right now you are a liability.

Well to get to the point, I got pregnant with my first child and was thrilled. Comp tried to blame all my problems on the pregnancy, they were demanding x-rays while I was pregnant, so it ended up being my OB VS. the comp doctors. Comp then took this as I was refusing treament, luckily my attorney did not see it that way, anyways this game went on for almost a year, yes, I did lose my job, but I also took the hospital to arbitration and got a large settlement. Comp are the slime of the earth, they will do anything to get out of giving up a cent. They will appear so friendly and concerned about you, but believe me that is not the case. They may also have someone following you to see if they can get you on film doing something that they believe is beyond your weight limit. They told me I will never get another job. Honestly, my comp claim has never affected me from getting a job, and I have disclosed it to every employer, no one really cared. And yes I DO still have pain 10 years later, not as bad, I have learned to live with it. My advice is get an attorney, if not then just call one to consult with to see if you have a case, you need to make sure YOUR rights are being protected, there are so many particulars with the comp laws that I never would have known if I did not have an attorney, and the hospital does not volunteer any information to you that could help you. Good luck with everything.

IMustBeCrazy · Mar 2, 2008

The doctor (which I think is fine) is the Workman's Comp. at the hospital I work for. He said I do not meet the hospital's RN weight lifting requirements and that I am "out of shape" because of the sustained heart rate I had with the excerises that were done at the Funtional Capacity Test. I am 20 lbs. overweight, I do not excersie but I don't look much different than my co-workers. I consider myself to be very hard working and productive.

Your first mistake is putting full stock in the assessment from the doc at your hospital AT WHICH YOU SUSTAINED INJURY. He/she normally may be a great doc, but don't ever forget where they get their check.

GET A SECOND OPINION NOW. Preferably from an orthopedist/physiatrist with no ties to your hospital. Workman's comp will pay for a second opinion. Listen to that little voice inside you. There is a reason you think you are getting a raw deal. Don't ever trust the work comp department/employee health dept...they also get paid by your hospital, and are covering their own ###. Have they played the "you had a pre-existing back condition" card yet? If not, it's probably not far off....

suanna · Mar 2, 2008

Sounds like it's time you took control of your workers comp. claim instead of letting your employer run the show. A facillity I used to work for was famous in W.C. circles for getting people back to work or to quit. They would just contest, refer, evaluate, the person effectively putting any pay on hold. You could end up with 6-9mos without a paycheck for a valid claim. If the claim finaly made it through to the final hearing (binding) and you won they would find some doctor to decide ---if you did 2-3 weeks of PT/OT you will be ready to return to work. You go back for a few days and can't cut it- the hearing delays start over anew! Never would they approve any evaluation/testing that mignt lead to a diagnosis requiring surgery. The end result is the first thing you did after filing an injury incident report was call a local W.C. lawyer. Sounds like it is lawyer up time for you. Many of the guys around here will give you a free initial consultation to see if they can help. GOOD LUCK!!

Fonenurse · Mar 2, 2008

A group where you might be able to get more support and help is WING USA. They are the work injured nurses group - can I suggest you look at their web page and take it from there? Here is the link: http://www.wingusa.org/

Best wishes

Furoffire · Mar 2, 2008

Thank you all for your help, input and sharing your stories.

I did get the local phone book out and found one Workman's Comp. attorney, called and spoke to the "intake" person. I gave her a full account of shared here on this forum. She said "no red flags are noted at this time" and that she would give to the lawyer to review and he would call if something did not look right. No word as of now. My full intentions were to get an appointment for a consultation but this is the protocol.

The employee health nurse told me that yes I can see my own doctor but at this point it is "too late." This happened in 10/2007.

I was told I can APPEAL what I am not sure of and when I see the doctor again I certainly intend to. But in the mean time, do I become Rocky Bellboa and lift iron so I can re-take the Functional Capacity Test and lift over and beyond the requirements?

Not knowing what to expect at this pernament/stationary appointment, if someone states no pain, numbness or tingling, can they expect to get another functional study with hopes of returning to their job with some monitoring or should someone crawl in there in hideous pain in hopes of a settlement since one will get the boot with the possible realitly of no job, no benefits etc.

Has anybody gone to "meeting of the minds" meeting where a group of hospital people decide your destiny? Since I can not bring anyone legally to come with me (I cleared this with the intake person at the lawyers office) what if I am forced to sign documents right there and now or I may get threatened with a worse situation.

I know this sounds yes like I need legal help NOW but as mentioned with their processing, what can I do??? Time is runnig out. A friend of mine contacted a lawyer for a different reason and the same format occured with the intake and maybe the lawyer will call if he/she sees reason to.

Thanks

KarenGeorgeBSRN · Mar 2, 2008

Dear Fur,

I did not see what state you live in but if you have your original medical records then take them to another physician and have them (and yourself) evaluated; they can utilize early test results and assessments to treat you currently, and protect your interests.

"Light duty" can be offered and am sure an ALJ would rule "unlawful termination" for it is illegal to fire a person (not just a nurse) injured on duty. I know this is a difficult time for you and the stress must be incredible but try to get seen by an attorney who is willing to give you the options and the true status of your need.

Also look up your state on the internet there will be a website, and review your states WC laws ok. You can also contact them directly.

Thanks,

Karen G.

Thank you all for your help, input and sharing your stories.
I did get the local phone book out and found one Workman's Comp. attorney, called and spoke to the "intake" person. I gave her a full account of shared here on this forum. She said "no red flags are noted at this time" and that she would give to the lawyer to review and he would call if something did not look right. No word as of now. My full intentions were to get an appointment for a consultation but this is the protocol.
The employee health nurse told me that yes I can see my own doctor but at this point it is "too late." This happened in 10/2007.
I was told I can APPEAL what I am not sure of and when I see the doctor again I certainly intend to. But in the mean time, do I become Rocky Bellboa and lift iron so I can re-take the Functional Capacity Test and lift over and beyond the requirements?
Not knowing what to expect at this pernament/stationary appointment, if someone states no pain, numbness or tingling, can they expect to get another functional study with hopes of returning to their job with some monitoring or should someone crawl in there in hideous pain in hopes of a settlement since one will get the boot with the possible realitly of no job, no benefits etc.
Has anybody gone to "meeting of the minds" meeting where a group of hospital people decide your destiny? Since I can not bring anyone legally to come with me (I cleared this with the intake person at the lawyers office) what if I am forced to sign documents right there and now or I may get threatened with a worse situation.
I know this sounds yes like I need legal help NOW but as mentioned with their processing, what can I do??? Time is runnig out. A friend of mine contacted a lawyer for a different reason and the same format occured with the intake and maybe the lawyer will call if he/she sees reason to.
Thanks

IMustBeCrazy · Mar 2, 2008

Don't take "no" or "it's too late now" for an answer. You have the right to seek out an additional opinion or even seek out non-traditional treatment options.

Case in point, family member injured back while working at hospital. While their work comp case was pending, member's direct manager violated HIPAA so many times as to be laughable, wanting documentation of "specific injury" that had already been provided to occupational health. Member was on extended light duty for approximately a year, during which hospital made no pretense to cover their indignation at the situation. Member was continually harassed by direct manager and HR about returning to work, it was even mentioned "maybe your injury would be better managed at home, while you not work at all."

During that time, member saw hospital occupational health doc which basically cleared member to work in month three. Due to ongoing pain issues, member sought out 2nd opinion from independent orthopedist who shook his head and pointed out serious lumbar disc injury. Occ health prior to this demanded and member complied, to begin PT sessions, of course, it only exacerbated the injury. PT stopped upon assessment of 2nd doc. Occ health sent many threatening letters to member stating member was "not following rehab regimen."

Member sought out non-hospital affiliated surgeon who recommended a new surgery that could be very helpful. Occ. health/work comp both blocked surgery for about 5 months, during which time documentation flew between 2nd orthepedist and work comp and member was harassed almost daily while working. Member still continued light duty. Finally, around month 8, surgery was approved and then there were 4 months of rehab.

Moral of the story, work comp/occ health do not always have YOUR best interests at heart. Be prepared for prolonged fight because, like another poster mentioned, they have the luxury of being able to block you just to see if you'll quit. Don't do it...make them live up to what they are supposed to do.