Published Jun 1, 2007
hzrizen
49 Posts
Hello to all. yesterday I was assisting with a proceedure (no blood or gore involved) and after bending over for a while (to assist) I had a vagal response and I passed out . I ended up spraining my leg really badly and I cannot bear weight on that leg at all. I am not sure when I will be able to return to work. would this be a workers comp issue? I have never had this happen before and I was checked out in th ed and all turned out well. What do you all think?
D-
TazziRN, RN
6,487 Posts
Yes, it would.
RNDreamer
1,237 Posts
have you spoken to someone in HR at your job? Maybe they will be able to assist you with any options you may have.
Jolie, BSN
6,375 Posts
You need to contact your nurse manager and/or Human Resources for information on how to proceed. I am not sure whether your injury will qualify for WC or not.
My knee gave out on me one night at work, causing me to fall and dislocate my patella. I was treated in the ER and sent home with assurances that WC would cover my absence (6 weeks in a cast). WRONG! My employer's WC insurer refused the claim, stating that it was essentially a case of my own body failing me. I didn't slip in a puddle, or trip on a cord, my knee just gave out, and would have done so whether I was at work, at home, or out shopping. Since there was essentially nothing work-related that caused my injury, it was not covered as WC. I was advised that I had the right to appeal the refusal, but decided not to do so.
You might want to seek an opinion as to whether or not your injury will be covered under WC, as it may impact on your choice of healthcare provider, use of sick time, etc.
Hope you feel better soon!
Dolce, RN
861 Posts
I think it is definitely a workman's comp issue. I hope that you completed a incident report.
If something happens while in the performance of your duties, on your employer's time, it's comp. Last fall comp tried to deny a claim for another nurse and me when we reacted to the flu vaccine we were given. I appealed it, pointing out that I received it from the emp health nurse, while on duty, at the recommendation of the hospital because I work in the front lines in ER. Comp granted the appeal.
RNOTODAY, BSN, RN
1,116 Posts
absolutely.
you fell on their time.... that gets wc.
fight it...
bill4745, RN
874 Posts
To the best of my knowledge (as a former business owner) just becuase it happens at work on their time does not make it worker's comp. You must show that it was caused by something in your job, a defect, unsafe conditions, etc. Can you prove that you fainted because of your job?
biker nurse
230 Posts
Call a lawyer
Karen_tn_37211
80 Posts
I handled workers comp cases before I became a nurse. In Tennessee this would NOT be covered by workers comp. There wasn't anything in the work place that caused you to fall....Each state has their own laws though....so it would just depend on the laws of the state where you were working.
KellieNurse06
503 Posts
I would say yes it does because it happened at work.......
How could it be considered not being caused by the workplace when she was in the act of doing something at the time it happened? I would agree if she was walking down the hall to a pt's room and fainted, but she was actually in the midst of a task when she vagaled.