Injured and required to work?

Published

I was injured May 26th at work transferring a pt from a wheelchair to the bed. My company had not provided us with a hoyer lift, so three of us went in to move a pt back to bed. In the process, the tech and myself heard a loud pop in my shoulder. I did the standard incident report and told the appropriate people. Off to see the doctor I went after my shift. With all the pain I was in, the "DOC IN THE BOX" gave no meds, made no recommendations, did nothing. His actual comment was have you ever had pain before? I said in my neck and he asked how my doctor treated it, when I told him....he said that sounds good for this...keep doing that.

Long story short....it took three months to get any lost wages, the doctor they sent me to never made a diagnosis and returned me to work without restrictions before he had even got the results back from an MRI (I was sent the next day for one).

Now my company is returning me to work full duty or be fired. Despite the fact I paid for a second opinion and actually got one. Turns out my doctor says my rotator cuff has been slightly torn but that I am not a surgery candidate yet any further injury and I will be.

What to do....I need money so I have to work. But, I don't want to get re-injured. My employer does not accept medical leaves of absence unless its FMLA. And good jobs in this area are difficult to find as that I am an LVN working on my RN...still have about 6 more months.

Give me any advice you have PLEASE AND THANK YOU!!!!!:uhoh21:

Up Vote Up Vote ×

Go find a labor attorney and I guarantee they will be singing a different tune.

Up Vote Up Vote ×
Specializes in icu, er, transplant, case management, ps.

Your rights and obligations, as well as the WC insurance company, and your employer, are governed by your state's WC law. Try to find an attorney that specializes in WC. Also contact your state's Office of WC and request their handout regarding your rights and responsibilities as well as the insurance company's. Your state must have these handouts. And they must mail them out upon request.

Your employer generally cannot fire you because you were injured. Nor can they force you to return to work until you are released by an authorized physician. The Doc in the Box has failed to perform his proper function. But do not be surprised if they do fire you for something else. Or if you are released for light duty, your employer does not necessarily have to give or develop a position for you.

You are caught between a rock and a hard place. An attorney is the best one to advise you.

Woody:balloons:

Up Vote Up Vote ×
Specializes in Neuro ICU and Med Surg.

I second Tazzi's advice.

Up Vote Up Vote ×

Get a lawyer and get your medical records from all your dr visits pertaining to your injury.

I ran into this sort of problem. Injured on the job, told to go to the er to cover my butt. Was treated, dr did not fill out papers when I could return to work, phone calls no help and to top it off, workmans comp would not pay!

This is an obvious workmans comp case. The laws may vary state to state, but I was told in my state that employers have to pay the employee if they cannot work d/t injury on the job. There's a limit but still they have to pay. That's why I suggest seeking the advice of an attorney who specializes in these matters.

Here are some links that may be helpful:

http://www.dol.gov/esa/whd/fmla/ (FMLA laws)

http://www.findlaw.com/

-----------------------------------------------------------------------------------

http://www.findlaw.com/casecode/#statelaw

Click on your state then "state codes". You will get a list of headings you can look under. Each state is set up different, just choose closest to workmans compensation, LOA, labor laws, etc. It is set up for lawyers, but it's not too hard to understand.

Up Vote Up Vote ×
Specializes in LTC,Hospice/palliative care,acute care.
I. My employer does not accept medical leaves of absence unless its FMLA. And good jobs in this area are difficult to find as that I am an LVN working on my RN...still have about 6 more months.

Give me any advice you have PLEASE AND THANK YOU!!!!!:uhoh21:

My employer requires us to file for FMLA if we are anticipating being out for 3 days or more.However your case sounds like workmen's comp-my facility has a protocol in place when an injury occurs.And if we feel we are not being properly treated we have a list of physicians we can consult for a second opinion.You don't say if you are still having pain? Were you off work resting for a period of time? Are you being treated or have you been? The standard of care is rest, heat or cold to the affected area, and pain/anti-inflammatory medications,a sling or surgery.An incomplete tear can be arthroscopically repaired..

You need a lawyer specializing in workmen's comp-and -know your rights.

Up Vote Up Vote ×
Specializes in IM/Critical Care/Cardiology.

I'd find a docotr who does think out of the box it took me 4 months to get the correct diagnosis. Did the 1st doc take Xray's? Get them. You deserve restrictions if you have an injury. Your injury, not theirs. I demanded FMLA and continued to work with the agreement I couldn't be fired if I called in SICK. I ended up having pertussis for !!!!!!!! sake. I eventually left that job after 3 years, they screwed up and prob wanted to see me go but I stuck up for myself and used the "mandatory" union rep to help me. Take Care of yourself and good luck. This is obviously a sore subject for me how the box is the ole standby, not the patient.

Up Vote Up Vote ×

Thanks for all your great advice. My company doesn't subscribe to workers compensation but has opted out for their own insurance. They don't seem to work by any laws. I have attempted to contact several lawyers that have all stated your injuries aren't severe enough to make it worth our while. And, I am still in a lot of pain.

I have filed a complaint with the Texas Department of Insurance and I am forwarding my medical records from both Doctor's (mine and theirs) to the Board of Medical Examiners in the form of a complaint.

Lets see what happens!!:uhoh3:

Up Vote Up Vote ×
Specializes in IM/Critical Care/Cardiology.
Go find a labor attorney and I guarantee they will be singing a different tune.

I found out in our state their is a 4 year limitation statute. Thought I'd let you know so you can get going with all this great advise and don't dealy. Only 6 months of RN school is great and worth the hassle. Take care of you!!!

Up Vote Up Vote ×

lawyer.

Up Vote Up Vote ×
+ Join the Discussion