Help!On the job injury!!!

Brownms46 · Sep 24, 2003

DITTO!!! ASAP!!!

lisaloulou · Sep 24, 2003

http://www.state.tn.us/labor-wfd/wcomp.html

there's the link for TN

each state is different

I agree that dealing with either risk management at the hospital or the WC carrier initally may be a good idea.

The attorney will usually claim 30% or so of any money you get, keep that in mind. (unless limited by state law)

Check and see with HR if you have disability benefits in the meantime.

If neck surgery gets mentioned, be sure and consider all the ramifications. There really is no such thing as "fixing" a spine in terms of the long haul, and you may cross paths with a surgeon who is a little too anxious to cut. Unless there is a threat of immediate paralysis, think long and hard and get all the facts. Many people have bulging discs, but with time, meds and therapy the pain of the acute injury settles down.

Gomer · Sep 24, 2003

Originally posted by TNNURSE
If there was a policy.....I wasnt aware till after the fact that my rights had been violated

If you were given a copy of the employee handbook or any other documentation/guidelines which stated what the policy is and if you were asked to sign a statement saying you received, read, and understood the handbook or policy/guidelines then the responsibility falls back on you. You should still contact the workers comp office and file a claim.

mattsmom81 · Sep 24, 2003

OK, the OP says she works for a facility who does NOT carry workers' comp,,,which means they are self insured. They make ALL the rules so the employees must jump through their hoops in order to get any help...and they pull all the strings. Also been there, done that and got the scars to prove it.

Honey, you don't need to mess with these people for long. If they aren't paying you for your time off and paying for decent medical care, or if the doc they send you too is unsupportive in ANY way and doesn't talk straight to you (or if you are wondering where his loyalties lie) , tell them you need a medical LOA and get thee to a lawyer STAT.

Did you sign anything saying you would not sue and would go to arbitration in a dispute? Make sure you have this data when /if you see a lawyer.

Yeah an attorney will get paid (who works for free?)but it is better than getting screwed by a greedy employer who cares nada for your pain and suffering. I have too many former coworkers who tried to 'negotiate' and ended up losing. Some just went away quietly (what they want) others finally got a lawyer. These facilities need to be made accountable, IMO.

Me...well, I trusted my facility to do the right thing by me, then ate a 8K medical bill while my facility weasled out of responsibility. My health insurer refused to pay cuz it was a work related injury. (See what games these insurers play?) After 3 yrs I was able to convince my medical insurer to cover it (but only with the help of a lawyer...these insurance companies act like the $$ is coming out of their own pockets)

My heart goes out to you as i know what you are going through. Hang in there and look out for #1. Your employer is.

kids · Sep 25, 2003

Originally posted by mattsmom81
OK, the OP says she works for a facility who does NOT carry workers' comp,,,which means they are self insured. They make ALL the rules so the employees must jump through their hoops in order to get any help...and they pull all the strings...

Wow, things really can vary from state to state.

My state allows self insuring BUT the a state claim form has to be filled out to get the ball rolling anyway, then state turfs the claim to the insurance company BUT continues to oversee the claim and the claim has to be handled with the exact same rules as a state claim. State workers comp is the body to who (whom?) all appeals are made to and their decisions are as binding as with a state claim.

I have to say, thru 10 years (and 2 employers) dealing with my back I guess I have been very lucky, even if nothing ever moves quick enough for me.

Keysnurse2008 · Oct 1, 2003

Gee gomer you must work for a small time usa hospital.I work for a major trauma hospital.......we have like 20 zillion policies.....you have to be a computer neat freak to know how to even access the files where anything as far as policies are stored.our entire hospital is digital(pretty much paperless).... we have numerous programs that are soooooo indepth it would take bill gates to find some stuff.........and believe it or not........we really havent had many injuries.....except for a needle stick......and it was done on like a tues am ...when the c nurse handled it.

I was standing in front of the patient because I was going to walk along side him.he had an iv, ivpump, pca pump, jp drains,and stints,,and a foley.he couldnt juggle them all by himself and they dont have "EXTENSION CORDS" so i was going to hook / hang them on his iv pole and push it along side him as he walked.as any nurse usually does.... I had him stand up...and when he wouldve taken his first step ..I couldve then moved back...and allowed him to head for the door ...while I was beside him. what do you do when you walk your patients after they just had a kidney removed?say"hey bud....sorry you got all these drains/pumps/ and ivs......but I just cant stand too near ya? your on your own the doc wants you up walkin!"..........no you dont do that..........you have to be near your patient......foleys dont have long extension cords .....nor do stints.....nor do nephrostomy tubes ,,,,nor do jps............and we all know whose fault it will be if one slips out........the nurses......................so to answer your question.....................I was doing my job thank you! I have the herniated c4, herniated c5 and herniated c6 and bent c spineand guarded muscles and The PAIN to prove it!

Gomer · Oct 1, 2003

Originally posted by TNNURSE
Gee gomer you must work for a small time usa hospital.

No, it's a 300+ bed (soon to be 500+ bed after the remodeling) level II hospital in the LA area. But we had a great HR dept that put the employees first plus California labor law is very strict about employee rights and employer responsibilities.

Sarah, RNBScN · Oct 1, 2003

Document and keep everything that has been documented. DO NOT SIGN anything without a lawyer looking over everything. DO NOT ATTEND any meetings without a second person present for you or record the meetings with their consent.

Best of luck,

Sarah

nurseygrrl, LPN · Oct 1, 2003

Bottom line here...

If you get hurt at work, seek medical attention IMMEDIATELY. Just because you are at work, doesn't mean you need permission to seek medical assistance. If you were at home and you injured yourself, would you have waited? Or asked anyone's permission? Secondly, your hospital's personnel department should be able to give you all the info you need regarding worker's comp. If you have any problems at that point, contact an attorney. Your health and livelihood is at stake here!

That said, I'm very sorry you're in this predicament and I wish you a speedy recovery and no more hassles!! :)

Keysnurse2008 · Oct 18, 2003

Just an update.....i tried Pt, massage, electrotherapy,heat,ice,epidural steroid injections,and finally now that My hand is growing numb they are doing a diskectomy and spinal fusion.I cant take the constant tension , the numbness and the pain.I now fully understand why most workers comp injury workers are angry.

sjoe · Oct 18, 2003

"I now fully understand why most workers comp injury workers are angry."

You got it. WC was created to protect the employer from large financial settlements, NOT to protect the employee. If you had not been insistent, you still would be untreated or undertreated (and probably be getting written up for underperforming at work).

Good luck to you.

Oh, and don't throw away any of your documentation for at least 10 years.

mattsmom81 · Oct 18, 2003

Good luck to you...I underwent cervical spinal fusion and placement of plates and screws to stabilize...and I have done very well...hope you do the same. (((HUGS))) and take care of yourself through this difficult time!