To file or not to file?

  1. Hi all, thanks for reading. I'm currently attempting to navigate a potential worker comp situation, and would love some feedback/advice. I work in hospice, visiting pts in their homes/facilities. About 2 months ago, I tweaked my back at a pts home while squatting during assessment, felt aches and crooked upon standing then drove 30mins home at the end of my shift. My back pain was worse, needed help getting into the house, then felt severe pain that pulled me to the ground. I called my supervisor to report the incident at the pts home and resulting in me being on the floor at home. My partner was able to assist me (with great difficulty) to bed, where I was able to call the HR dept and report the injury.

    Due to the nature of my pain, I was barely able to get out of bed for days, I saw my personal primary about 5 days following the episode. Meds were prescribed, physical therapy ordered, xray ordered. Physical therapist wants MRI, gets MRI and we find disc herniation.

    I've been debating about moving forward with a workers comp case, haven't officially filed. Specifically bc I've seen my own provider, and haven't been to see the 'approved' providers yet. At the time of the event, there was no fracking way I would go sit in a Concentra or US Healthworks, etc. I couldn't even walk!

    So for those of you who have filed, was it worth it? I'm hoping to rehab and heal, but there's no way to know for sure how long it will take, I am doing much better but still can't bend forward or lift much.

    For those that didn't file, do you wish you had? Did you find something out later that would have changed your mind?

    In California, the statue of limitations to file is 1 year, so I have a bit of time, but I can imagine waiting brings more scrutiny.

    I'm in my early 30's, but have had back aches and pains on and off for years, I'm afraid that might automatically result in a denial.

    Any insight? I'm wading through dark waters, without mentors to talk to directly, anything you can offer will help. Thank you!
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    About RevolutionBreeze, RN

    Joined: Jan '18; Posts: 1


  3. by   llg
    My instincts say to file to get everything on the record. But my experience (not in California) tells me that you are unlikely to get a positive result because you have nothing in writing from the time of the incident, did not go through the proper procedure, did not get seen by the approved provider, etc. You have no solid evidence that you hurt your back as a result of work and not from doing something after work that day.

    In the end ... I would file, but not be optimistic.

    Good luck.