newbie to WC is hurt

[nox]

I live in NC and work in a restraunt. I am 5'3" and weigh 125lbs at age 27. I must carry 20-30 lbs. on a sheet tray down 6 stairs to the cook line. I do this at least 8 times a day. The floors and stairs are concrete. I also recorded a six mile total walk during a busy day on my pedometer once. I kneel, stretch, twist, lift heavy things and stand and walk for prolonged times.

I recently kneeled down and something went wrong in my right knee. Thinking maybe I pulled a muscle and could work through it, I worked for a week before saying anything to my chef. After telling him twice that I needed to report this injury, I went to another chef to file.

I went to my family doc. the next day. He suspects torn ligaments and fluid in the knee. The knee was fevered and swollen and range of motion was reduced by half. My doc called my employer and gave him a description of what I am not allowed to do. this description was basicly my job. He informed me I needed an MRI.

Upon returning to work the following day to deliver the written doctors note, my chef laughed and I worked for four hours. The pain got to me and I was sent home. This was repeated the next day.

My doctors office has been dragging its feet telling my employer about a date for the MRI and meanwhile my employer is expecting me to work. I informed them that if I continue working and hurt myself again, the company could have problems with the claim. I have been allowed 3 days off and am scheduled to meet with a manager to pick a WC doctor.

I am confused about my rights and wonder if anyone can give me any advice. Thanks.

[fairycatz]

Hello! I don't know the rules in NY, but here in CT and Mass, you would definitely be out on WC. Check the state info at top of this site for NY. Contact info for NY should be listed.Others will be on here to help, this is a great site! I am a former waitress and restaurant manager, so I understand exactly what it is you do everyday, and how physically demanding it is. I also know that your bosses should have treated your injury differently, that it should have been documented and they should have sent you off for treatment. Write everything down, names, dates, etc, and keep a log. Get on your doctors back and get that MRI. Hopefully this all works out for you, knee injuries are tough for restaurant employees, they reoccur. Good luck, hope everything works out for you! Maura in CT.

[Still in Limbo]

You May want to Contact Your Dr., and Describe what they are having You do, and Possibly get an Excuse From Work until the MRI is Performed. You Surely don't want to Injure Yourself Further. You also Need to Make Sure that a w/c Injury Report has been Filed, and Ask for a Copy to make Sure it is Accurate. You have to Step Up and Protect Your Rights, Your Workplace Surely doesn't seem to have Your Best Interest at Heart! My Best to You, and I Hope this Helps!!

[nox]

Thanks for responding. I am trying to get hold of my doc to let him know how the situation is settling, And I finally found out who was handling my case. It is not my chef, it is a front of house manager. I let him know I dont feel competent or able to work at this time and I also told him I feel pressured by my chef about working. He said this is not our policy and is going to talk to my chef. He has told me to stay at home for 3 days. I am to meet him on Monday to discuss WC doctors for an MRI.

[Lilly]

Good luck nox,

like still has said....call the MD and tell him that your work is giving you a hard time about following restrictions....I know sometimes the doc's say take it easy & try to stay off of it...BUT, that doesn't get it, when your employment expects you to carry your part of the load. Tell doc they are showing you no mercy at work, & see if he'll be specific on the written restrictions as to what you can and cannot do at work. (Not just a telephone call to your employment)Whatever you do....if your written restrictions say no lifting over 10 pounds, no stairs...DO NOT go beyond anything that was stated in the written restrictions (they can later hold that against you) AND worse yet, you can injure yourself further!
Take care, Lilly

[tweety00]

My opinion is call that doctor and get that in writing about being off work ... or employer is going to say you quit or didnt show up .. talk to his nurse and explain what is happening and if that dont work then make appointment with the dr ..