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Discussion

Is this a threat?

Hello all!

I'm looking for some advise. I have chronic back problems from a sports injury when I was 12. I'm 35 now. In March, I reinjured it lifting a patient off the floor. (My manager was there, and insisted we could stand him up without a Hoyer! The CNA and I resuggested the Hoyer and she said no)

I could tell I was going to be sore that night. Fortunately, I had the next two days off, so I figured I would just rest and feel better. On the second day I woke up and could hardly move. The pain was different than when I usually hurt it. I spoke to my manager, and she told me to call employee health. She sent me to Occupational and Environmental medicine and started a workmans comp case. They prescribed 8 visits to physical therapy. I did that, and am only back to %75. At my follow up with the Doctor yesterday she prescribed an MRI.

Today, while at work,,our employee health nurse called and said that I can only stay on restrictions for 8 weeks. If I'm not cleared, they could possibly let me go.

is this true? Can they do that?

keep in mind, I have NOT missed a day of work due to my back. I have been trying to stick to my restrictions of lifting, but we are so short staffed all the time, it hasn't been easy. This place is going to hell... People are quoting left and right, new nurses don't stay long...

I've been looking elsewhere, but have only been at this place for 1.5 years... It's a rehab place, so I'm only getting "sub acute" experience...

thanks.

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    • Featured Replies

    Look into your state's FMLA to determine if you qualify.Good luck

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    So what's up with your Workman's Comp??? :confused:

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    So what's up with your Workman's Comp??? :confused:

    since she was not seen right away, she may not qualify...

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    • Author

    I was seen right away. The injury occurred on a Tuesday and I was seen by occupational medicine on Thursday. Its been almost 4 months, I can finally say I am not in constant pain, even while at rest. MRI showed a herniated disk at L5-S1, with arthritis. Been doing physical therapy, and on lifting restrictions at work. Just got approval for a cortisone shot too. Hopefully I can keep my back strong and avoid this from happening ever again!(A girl can wish, right??)

    Saw a neurologist, and he said surgery wouldn't do anything at this point, so I'm happy to be able to avoid surgery for now!

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    • Experts

    I think you should be getting good legal advice about this issue as you will have it for the rest of your life. It's time to at least talk to a lawyer and get the facts.

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    I was seen right away. The injury occurred on a Tuesday and I was seen by occupational medicine on Thursday. Its been almost 4 months, I can finally say I am not in constant pain, even while at rest. MRI showed a herniated disk at L5-S1, with arthritis. Been doing physical therapy, and on lifting restrictions at work. Just got approval for a cortisone shot too. Hopefully I can keep my back strong and avoid this from happening ever again!(A girl can wish, right??)

    Saw a neurologist, and he said surgery wouldn't do anything at this point, so I'm happy to be able to avoid surgery for now!

    No_you_were_not_seen_right_away....That_would_have_been_at_time_of_injury....Lucky_that_you_ended

    up_being_covered...Probably_because_NM_was_a_witness....good_luck

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    Looks like OP's state requires injuries to be reported within 30 days. Most employers like to say that injuries have to be reported the same day or within 24 hrs, but that conflicts with state laws which would overrule them. It's a scare tactic. My own state is 45 days.

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    Looks like OP's state requires injuries to be reported within 30 days. Most employers like to say that injuries have to be reported the same day or within 24 hrs, but that conflicts with state laws which would overrule them. It's a scare tactic. My own state is 45 days.
    s

    the_farther_removed,_timewise_the_more_openings_for_the_employer_to_claim_other_

    source_of_injury...and_your_

    report_date_may_have_nothing_to_do_with_original_date_seen_by_provider

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    Right, employers often deny regardless, but in 16 yrs of dealing with WC claims, I've seen very few pts have difficulty getting a claim paid when they follow thru. Not even always necessary to have an attorney.

    It's always best to report any injuries right away, for your own sake, but too often people think that what the employer says is "the law" & give up.

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    2 days is pretty quick to be seen for a W/C. I believe FMLA is 12 weeks. Not sure how long they have to honor restrictions. If you can't fully do the job I'm sure at some point they can let you go.

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