Published Jan 9, 2004
jmk
2 Posts
I injured my back at work in august. I have been off work due to severe pain since oct. and i'm scheduled for surgery later this month. My surgeon recommends not returning to icu or any other form of bedside nursing. I need advice / opinions on hiring an attorney. Also, suggestions on nursing careers that would be better suited for for someone with an injured back. I have an associates degree and many years of experience, the past two of them in icu. Look forward to hearing from nursing friends.
thanks,
jmk in florida
Erin RN
396 Posts
Hi
I am just curious..why do you think you need an atty? If you are off are you on time loss? Isn't the employer paying your bills? Does the surgeon think you will have a perm impairment..(I would guess yes if he does not think you should return to bedside nursing)...
Havin' A Party!, ASN, RN
2,722 Posts
Make sure you get the doc's recommendation in writing.
Some ideas: how 'bout administration, triage only, school nursing, teaching (in ADN or clinical setting, or CNAs, CPR and related, etc.), insurance physicals, etc.
Agnus
2,719 Posts
casemanagement, infection control, telephone triage, or telephone advice nurse.
How about one of the companies that do cardiac monitoring over the phone.
informatics, quality control. Patient education ( maybe specilize in DM)
Staff development and or education.
Eating bon bons. Opps! I got side tracted with daydreaming for a sec.
Chart review.
P_RN, ADN, RN
6,011 Posts
Make sure that your injury is documented by the workers comp handler for your hospital. Make sure your surgeon is covered by the WC also. At the first sign of dissention between you and the WC and the Hospital you might want to consult an attorney. They take cases on contingency usually and draw a large fee if you win......large being like 1/3 of the award.
I hope your surgery goes wonderfuly and this will end very, very soon.
Vailgang
105 Posts
I work with worker's comp daily and especially back injuries. I work for two neurosurgeons who take work comp. What kind of surgery are you having would depend on if you can work afterwards on the ICU floor. Not everyone gets an attorney, just make sure that you don't get ripped off.
I also have a bad back but not willing to go under the knife. There are many jobs available to you as a nurse that doesn't require lifting. Don't think that you will not be able to be a nurse anymore. Make sure that the hospital offers you one of those jobs. They may try to tell you that you have to be able to do the same as a floor nurse and not give you a job. If they try that make sure you mention Lawyer and get one fast.
If you have any questions about your surgery or work comp just e-mail me. I deal with this on a daily basis.
I agree with P_RN..if all is going well I would not hire an atty. I am a WC nurse case manager and I see so many that do and if a settlement is awarded then the atty takes a HUGE chunk of it.
What they don't tell you (now this is my states comp, Fl may be different) is that IF when all is said and done and you are considered to be fixed and stable..if there is a perm impairment you will be sent for an impairment rating based on that rating you will get XX dollars..there is a schedule of pmt which relates to each rating, it is not an arbitrary amt therefore unless there are other issues surrounding your claim, you will just walk away with less..if you end up with a PPD...Erin
fiestynurse
921 Posts
Due to the extent of your injury and the doctor's recommendation that you do not return to bedside nursing - I would most certainly hire a good work comp attorney. Work comp laws vary from state to state and it is important to protect your rights and get all the benefits that you are due. After you have recovered from your surgery and your doctor has deemed your injury to be "permanent and stationary" then you will be provided with a vocational counselor, who will assist you in finding work that you will be physically capable of doing. If you need to further your education or be retrained in another area, your employer's work comp carrier will have to pay for this.
I worked for a work comp law firm - plaintiff's side. The first thing we did was fire the nurse case manager. She works for the work comp carrier and guess who's side she's on? Their job is to get you back to work as soon as possible and save the insurance company money. I know that I will catch hell for that statement - but it's the truth!
Most work comp laws regulate what percentage your attorney can take off your claim. They are generally fixed at 20% in most states.
Yes..that is my job I won't disagree with that but the firing part??? Nope sorry, when I am hired I become a contractor of the ins co/ employer and only they can fire me. An atty can bar me from speaking with the claimant but I still do my job..just go aroung behind the claimant and speak with the therapists voc and MDs...
I am not using the term "firing" literally. I have dealt with some very pushy w/c case managers that want to actually go into the exam room with the injured worker. People sometimes don't realize that they don't have to allow this.
"Going behind the claimant's back?"
RN-BamaStudent
86 Posts
My husband was injured on the job, and we are dealing with this very thing now. He had a torn rotator cuff and had surgery to repair it. After surgery, the nurse on his case just went into the room with my husband at his doctor's visit without asking him, even though he had previously asked her not to. I won't graduate from school until December, and I am worried about how the bills will be paid until then if he cannot return to the same type of work. They are ordering another MRI since he is still having problems. I just wonder if he might get any type of settlement that would help with the bills until I could finish school. I'm not sure how all of it works, or when it is a good time to hire an attorney. We haven't yet, because he is under the Longshoremen's Act, and so far we haven't had any problems with them paying for his medical needs or etc. Any suggestions would be greatly appreciated.
Jeannie
Due to the fact that your husband is still having problems after his surgery and is now needing an MRI, I would consult with an attorney. It doesn't hurt just to make an appointment and talk to one.
This I find appalling!
"After surgery, the nurse on his case just went into the room with my husband at his doctor's visit without asking him, even though he had previously asked her"