Lumbar Sprain, Wondering about Workman's Comp Rights

[CNAKim2009]

I've been working in a nursing home for just over a month on 3rd shift. As everyone knows, there usually isn't enough coverage during this shift, and at the home where I work, we generally tend to help each other out with our larger residents (turning, changing, dressing, etc). On Tuesday I had a larger resident that went weak and I managed to have her slide down my leg to the floor. She was fine, she just had a cold butt from being on the floor. Another CNA and I managed to get her into the bed (using correct body mechanics) and went about the rest of our morning (it was almost time to get going anyway). Once I got home and out of the car, I realized that I was hurting more than usual. I spent the day in bed with ice on my back, and last night I went to work and reported it.

First of all, they treated me like I was lying to them and like they didn't want to help me out. The DON even had the gall to ask me if I'd forego seeing a doctor. I told her no, that I'd like to see a doctor and make sure my back was okay, because back problems DO run in my family, and I'd like to take care of my back. She seemed VERY irritated, told me I'd have to go through a body mechanics and transfer class because OBVIOUSLY I was doing something wrong (let's not take into account the fact that the resident outweighed me and the other other CNA put together) and they finally set me up to go see a doctor through workman's comp. The secretary was supposed to get me set up with an insurance card for any medication I would be given, and she lied to me and told me that they hadn't gotten back to her about a claim number and that I just needed to go home and wait.

I went to the occupational therapist, and he diagnosed me with a lumbar sprain. I've been put on light duty, no lifting anything over 10 pounds, no pushing, pulling, squatting, kneeling, or prolonged sitting or standing. Okay. Should I have been given exercises to do to strengthen my back, or just some muscle relaxers and ibuprofen? Anyway, so I called the secretary to see if she'd gotten my claim number, and she said no. It was getting to be toward the end of the pharmacy's workday, and I was in severe pain to the point that I could hardly stand up or sit down, and I wasn't looking forward to a sleepless night after working third shift and then being awake all day. I called the number on the insurance card, and the woman told me that they'd called my job with my claim number THIS MORNING at about 9:45 am. I was livid.

Now, my DON is saying that there is not enough to keep me busy on third shift and that I'm going to have to go to first shift or they won't be able to put me on the schedule at all. I've got my son during the day; he doesn't go to daycare, and I told them that, and she just gave me this look and said "Well, then you won't be working until you get better." She said she would call me with my new schedule, and never did. Now I'm going to lose days of work because of her attitude and unwillingness to cooperate. She knows full well that if I was to float the halls at night, I could get the mundane tasks out of the way so that the other CNAs could get their jobs done more quickly and efficiently, and maybe spend more time on the care of the residents, instead of rushing through like we always seem to do. It may seem small, but passing ice and filling carts and getting supplies for all the halls would save them time and keep me busy for most of the night.

Should I say something? I really can't afford to put my son in daycare (he stays with my mother at night, me during the day), and yet if I don't change shifts, it seems that I'll be taken off the schedule until my back is healed...whenever that may be (could be a week....could be a month, who knows?) Do I have any sorts of rights as to keeping my shift??? Actually, what are my rights when it comes to Workman's Comp???

[noreenl]

Workers comp varies from state to state but all have websites usually under dept of health. you can google it , but honestly, if u are getting that much grief from your employer I would strongly suggest contacting a WC Attorney. You PAY NOTHING to them at all. if they ask for money LEAVE! The facility has lawyers and so should you!!! you can contact me privately if u wish. Unfortunately, my husband is permanently out of work for the past 16 years due to a work related injury so I have tons of experience dealing with WC in NYS. you need to be sure your facility filed the proper paperwork (C3) within the alloted time or you are already out of luck! contact me !!