Hurt on job, no pay?

ohmeowzer RN, RN · Dec 29, 2008

i thought with workman's comp you can get light duty? i would contact a lawyer.

I love my cat! · Dec 29, 2008

I would definitely talk with a lawyer that Specializes in Workman's Comp cases.

Something sounds fishy here.

ChristineN, BSN, RN · Dec 29, 2008

I had a supervisor pull that on me too, when I was on modified duty once. Go to HR, let them know what your boss is saying. If necessary, go above your boss's head. As long as you have a doctor's note stating you can work under x conditions, it's my understanding they have to either (a) accomodate you on the floor you have previously worked on or (b) temporarily assign you somewhere where you light duty modification can be accomodated. Good luck!

Princess_M83 · Dec 29, 2008

I work at a psych hospital with assaultive adolescent females, needless to say I get beat up on occasion. After one such incident of being pushed down by a pt. twice my size, my lower back started to become painful, not screaming or crying, just sore and stiff. Couple weeks later, hasn't felt any better, filled out an incident report when this happened, but went to my own family Doc and put it on my ins. Got some meds and was put on a weight limit restriction of no more than 20 pounds and to avoid twisting and turning (ie. breaking up fights, forced seclusions etc.) as he knew the history of where I work.
I come in to work this am and turned in my modified duty slip and was told to go home, with no pay. I work baylor weekends, so there goes half my paycheck. I'm not understanding this as they allow pregnant techs and nurses to work the floor but I am not due to modified duty. Their suggestion to me was to call the doc and be released from modified work so I could clock in this am. Um, no.
Anyway, is their anything I can do? Did I mess up by putting it on my own health ins? Can I sue for lost wages? Thanks in advance for any advice.

Once you go to your own doc, Workmans comp WILL NOT COVER. You should have reported it immediately regardless of injury and then later you could have gone to the work comp md when you started to hurt more. Technically according to labor laws, they do not have to work you if you are not covered under work comp if you sue you will lose. The only way Pregnant staff can get away with it is if they did not turn in a modified duty note. If they are asking people to help them in order to get around getting hurt or going over their restrictions and they are doing ok, then they are within their rights. As long as the manager is not allowing them to work on a modified note and not you, they can work with people helping them. I don't think there is much you can do. Plus you have to report within 48 hours of the incident in most places to be able to claim work comp and labor laws required it must be specifically linked to one incident.

I work in the office of a nursing floor and frequently deal with issues like this. I am sorry if I sound preachy, I just happen to have dealt with this exact situation before so I kinda know your answer. Workman's Comp laws shouldn't vary too much state to state.

ChristineN, BSN, RN · Dec 29, 2008

Once you go to your own doc, Workmans comp WILL NOT COVER. You should have reported it immediately regardless of injury and then later you could have gone to the work comp md when you started to hurt more. Technically according to labor laws, they do not have to work you if you are not covered under work comp if you sue you will lose. The only way Pregnant staff can get away with it is if they did not turn in a modified duty note. If they are asking people to help them in order to get around getting hurt or going over their restrictions and they are doing ok, then they are within their rights. As long as the manager is not allowing them to work on a modified note and not you, they can work with people helping them. I don't think there is much you can do. Plus you have to report within 48 hours of the incident in most places to be able to claim work comp and labor laws required it must be specifically linked to one incident.
I work in the office of a nursing floor and frequently deal with issues like this. I am sorry if I sound preachy, I just happen to have dealt with this exact situation before so I kinda know your answer. Workman's Comp laws shouldn't vary too much state to state.

Actually I went to my own doctor too. Workman's comp wasn't thrilled about covering it (they would have preferred I went to their clinic, but I didn't trust them), but there is a way you can make a claim for workman's comp to cover the dr visit. Also, if her employer is refusing to accommodate because she wasn't seen at workman's comp (which is stupid, because they should accommodate whether or not the injury occurred at work), they you can still visit a workman's comp doctor after the fact.

Brownms46 · Dec 30, 2008

Once you go to your own doc, Workmans comp WILL NOT COVER. You should have reported it immediately regardless of injury and then later you could have gone to the work comp md when you started to hurt more. Technically according to labor laws, they do not have to work you if you are not covered under work comp if you sue you will lose. The only way Pregnant staff can get away with it is if they did not turn in a modified duty note. If they are asking people to help them in order to get around getting hurt or going over their restrictions and they are doing ok, then they are within their rights. As long as the manager is not allowing them to work on a modified note and not you, they can work with people helping them. I don't think there is much you can do. Plus you have to report within 48 hours of the incident in most places to be able to claim work comp and labor laws required it must be specifically linked to one incident.
I work in the office of a nursing floor and frequently deal with issues like this. I am sorry if I sound preachy, I just happen to have dealt with this exact situation before so I kinda know your answer. Workman's Comp laws shouldn't vary too much state to state.

You and your employer need to read the "Employers' Practical Guide to Reasonable Accommodation under the Americans with Diabilities Act".

I hope you and the nursing office you work in are not giving nurses this kind of advice or attitude! If you are, I hope your nurses know the number for EEOC!

Brownms46 · Dec 30, 2008

I work at a psych hospital with assaultive adolescent females, needless to say I get beat up on occasion. After one such incident of being pushed down by a pt. twice my size, my lower back started to become painful, not screaming or crying, just sore and stiff. Couple weeks later, hasn't felt any better, filled out an incident report when this happened, but went to my own family Doc and put it on my ins. Got some meds and was put on a weight limit restriction of no more than 20 pounds and to avoid twisting and turning (ie. breaking up fights, forced seclusions etc.) as he knew the history of where I work.
I come in to work this am and turned in my modified duty slip and was told to go home, with no pay. I work baylor weekends, so there goes half my paycheck. I'm not understanding this as they allow pregnant techs and nurses to work the floor but I am not due to modified duty. Their suggestion to me was to call the doc and be released from modified work so I could clock in this am. Um, no.
Anyway, is their anything I can do? Did I mess up by putting it on my own health ins? Can I sue for lost wages? Thanks in advance for any advice.

Request to be seen by the work comp doctor immediatley! And give EEEOC a call and then your story. You are covered under the American's Disabilities Act. I hope you are better soon. In some states you can be seen by a provider of your choice. Each state is different, so check out your state's laws.