I hope someone can help me with this question. I woke up with numb hands and arms and a severe pain in my neck. I went to my doctor and he wanted an MRI to determine if it was Cervical Radiculopathy (his diagnosis).
Ok fine, except that an MRI would cost 900 dollars and since I didn't put a claim into work since this didn't happen at work (I thought) and I just woke up this way, I wanted to go through my own insurance. Instead of getting the MRI, I went to a chiropractor that took me off work for 2 weeks and said she could get me better after 2 weeks. It has now been a month and I am not better and the chiropractor wants me to get an MRI too!
I filed for short-term disability (which I still haven't received, haven't even gotten the paperwork yet! after calling and calling them) I have now run out of sick leave and bills are pilling up. This is in Texas.
In speaking to a dear friend they mentioned that since I am a welder that I probably injured myself with Repetitive strain injury, or, occupational injury which would be covered by Workmen’s comp and that I should have put the claim through my work since all my symptoms sound like the same thing her b/f went through and his work paid for the MRI and for him to get well.
The thing is, a month has now lapsed since I missed the first day of work due to this and I do not know if it is too late to file? I have been talking to my boss every week a few times a week and I have told him since day one that I do not know if this happened at work or how this happened. He never once said for me to file Workman’s comp claim he just said he needs paperwork from my personal doctor showing that I was taken off work.
Have I waited to long? Is there a time limit in filing? What can I do?
Any input would be appreciated.
Thank you.
I am sorry I probably won't be much help, but I know in VA you have to put in an injury report within 24 hrs. of the incident. But every state is different, so don't give up just yet. I just wanted to let you know that I am thinking about you and hope it all works out well. Will the MRI cost you 900.00 even with your personal insurance? If you can get it done with your insurance, it will save you the headache that workmans comp will undoubtedly give you. While you are waiting for others to write in, check the link at the top of the page, re. you state's specific laws.
Good luck and keep us postd.
I'd contact a w.c.attorney free consultation..and see what he/she says about time limit, I beleive you still have time, but I'm no lawyer...check the top of page also under your state it should advise you...
I do not think it is to late if the doctor says it was caused by work. If he does i would file ASAP.
Crabby is right on the $$$$.However I,d be looking into if it did any harm to your lung,s I have known ( considering i,ve been in the Industrial world for over 30 year,s)that Welder,s do infact get more respitory problem,s than any one else.
Thank you for all of your replies.
I am going to speak to an attorney and see if I can still file here in Texas.
The MRI isn't covered under the personal insurance I have since it is the beginning of the year and I have a deductible to cover.
I did have breathing issues last year (November) but took sick leave and also quit smoking (it has been 2 months now)
When I brought up that I thought some of the chemicals I was exposed to might be the cause of my breathing problems they moved my work station and also told me that my smoking was the culprit. I had no idea my welding could have been the cause! So I took their advice and quit and haven't had as many problems since then.
They used to splash chemicals around by my work area and the smell from some of them would burn my eyes and nose. After complaining about the chemicals some of the workers wrote nasty comments at my work area that were for me calling me a snitch and expletives. This was another reason why I hesitated to put in a claim for my neck problems at work. I really thought I would be better after 2 weeks, and I didn't want the harrasment to start again and be worse this time since the guys who were splashing the chemicals around got into trouble for not handling the chemicals properly. I didn't want to get anyone into trouble I just wanted to be able to breathe.
I ll post what an attorney here in Texas says about my situation that way if someone else ends up in my situation and reads this they might be helped.
Thank you for your prayers
-Amy
You'll never get anywhere with a work comp claim without first having a medical opinion supporting a relationship to your work.
If the first two doctors have not yet make such a connection there is no basis at the present for the carrier to provide benefits.
On the otherhand if you are looking to make a connection between your condition and your work, hiring an atty who is familar with the medical community will probably help you generate the evidence you need to have a chance at a favorable decision before the work comp commission.
as a practical matter the latter strategy may also make it difficult to maintain a good relationship with your employer.
you have not exceeded the statute of limitations for opening litigation before the Texas work comp commission.
I agree with 1171.
The main issue at this point is a connection between your medical condition and your employment. That connection would need to be made by the medical community, ie your doctor/s. Hence, you may want to ask your doctor/s, the question. The sooner the better. DWC form 41, states you have one year from the date of injury or the date you should have known of the injury to file.
In my case, the paper work was filed two weeks after the date of injury.
Take Care.
I actually went to a walk in clinic a week before i actually had a wc claim. I was told from the walk in clinic that i was to wear a hand brace and see a neurologist. I did not tell my work and did not wear my brace as i tried to still draw blood. One morning i woke up and my wrist was so swollen that i wore one of them heat pads that stick on your skin to work. I took it off right before i went to draw blood on someone and i could not even open a alcohol pack nevermind hold the needle. I burst out crying and walked out. There was another phlebotomist with me at the time. I was then forced to fill out paperwork for wc and they immediatly sent me to their doctor and since then i have been in the wc system for a year now this month.
I never did have them pay for the walk in clinic as they put the first day of injury as the day i filled out the paperwork. So even though you went to a doctor already or outpatient, it is not to late to file if you believe and your doctor agree's it is work related.
1171 and AQA are correct. You need a medical opinion as to whether or not this is work related. You should try to get an opinion as soon as possible.
The statute in Texas states:
409.001. Notice of Injury to Employer.
(a) An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which:
(1) the injury occurs; or
(2) if the injury is an occupational disease, the employee knew or should have known that the injury may be related to the employment.
(b) The notice required under Subsection (a) may be given to:
(1) the employer; or
(2) an employee of the employer who holds a supervisory or management position.
© If the injury is an occupational disease, for purposes of this section, the employer is the person who employed the employee on the date of last injurious exposure to the hazards of the disease.