Nurses General Nursing
Published Nov 3, 2014
babblingbrook
64 Posts
I recently was dx'ed with moderate cervical DDD. About 2 months ago s/s of cervical radiculopathy began. I tend to just tough things out and push on, but the pain was unbearable at the end of 12 hr shift. I didn't think it was caused by work as it was a gradual thing, but now I am wondering if I should file Workmans comp as I had been doing more strenuous things at work lately. My boss refused to accommodate my dr's work restriction (just 8 hr shifts- we have 8 and 12 hr shifts)and told me I had to take my leave. She said it wasn't work related. I assume she is just trying to get rid of me as I stand up for myself usually and she's a bully. But I am curious what my rights are as an RN. I feel like we are considered disposable by managers.
Anyone run across this issue before? I am curious what other work I can do with my RN and not cause more harm to my neck. Thanks!
FlyingScot, RN
2,016 Posts
I'm sorry for your trouble. I too suffer from cervical radiculopathy. It truly sucks. That being said, workers comp can only be filed for an injury related to work not for work-related aggravation of a previous condition. There is no bullying related to this issue. It is simply the law. I can't speak to the motivation behind the scheduling issues or to your bosses agenda. There's a slim possibility that you may have an ADA case that would require shift modification but I don't know if you qualify. Even if you do your obvious rancor for your boss and bad relationship would probably get even worse if she was forced to accommodate you.
JustBeachyNurse, LPN
13,952 Posts
Did you report your worsening symptoms to your employer? Has a physician stated that the exacerbation is directly caused by your work environment?
Sounds more like FMLA than WC. Possibly an accommodation issue but not always if you did not self identify as someone who needs reasonable accommodations to safely perform your job.
BSNbeauty, BSN, RN
1,939 Posts
We cannot give medical or legal advice per TOS. Please talk to your doctor and get a lawyer. Hope everything works out you feel better.
TheCommuter, BSN, RN
102 Articles; 27,612 Posts
I am curious what other work I can do with my RN and not cause more harm to my neck.