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Discussion

Fainting and workers comp

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-

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Yes, it would.

have you spoken to someone in HR at your job? Maybe they will be able to assist you with any options you may have.

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!

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.

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.

absolutely.

you fell on their time.... that gets wc.

fight it...

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?

Call a lawyer

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.

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.

  • Author

well it was decided that it is not workers comp:angryfire . i was told that I did not fit in the guidelines of wc so I asked to see the guidlines and have not seen them thus far..... i went to ortho today (2nd day post injury)and was told i need an mri and that i have some quad atrophy as well as blood in the joint (20 cc aspirated) which means i have a sinifigant injury:o . I am still unsure what the muscle atrophy means. The docs are sure that I have mcl damage.

Anyone ortho knowlegable that can explain the signif of the blood in the joint and the atrophy. it was explained but when i got the aspiration news i seem to have forgotton what was said..(i guess i lose nurse pts hahah:lol2: )

thanks

D-

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