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Forced On Workers Comp Help! - sidewayzgtjb - 06-11-2013

Hi All,
Not sure what forum to post this in so I thought this would be a good place to start?

I have been working for a small-mid sized company for a little over 8 months and have a work related back injury. (Bulging disc in my back restricting my lifting limits). I first saw my doctor a little over a month ago complaining of upper leg pain thinking that it was a pulled muscle. My doctor diagnosed it as bersidis (excuse my spelling) gave me a cortisone shot and sent me on my way. The shot helped my pain for a day or two and then shot down my leg to the shin lower calf area and causes numbness. To make a long story short I had an MRI and I have a 5mm bulging disc from lifting at work.

It is now a month later and after missing numerous days of work my doctor suggested to file a workers comp claim for future problems with my back. He gave me a note to return to work with limitations and sent me on my way.

I went back to work the same day and gave my HR lady the note and she looked at it and accepted it. As soon as I mentioned WC she got defensive and told me to immediately go see their company designated doctor and once they fax a note to her then I will be able to return to work. I went straight to the doctor and was examined. He gave me a similar note to return to work with limitations. After seeing another legitimate note she is now telling me that I should have reported the incident when it happened and they are not going to modify my job to work with limitations (my job is about 15% lifting). She said to file short term disability right away and cannot return until I am fully cleared for normal job duties.

She did file the WC claim and the first thing out of the adjusters mouth when the she called was "why did you not report it"? I told her the same story that at first I thought it was a pulled muscle, thought nothing of it and went to see my GP (why should I report a pulled muscle to HR)? I did not know that its a bulging disc until I had my MRI? The doctor said that I will not be able to fully recover and this will be with me for the rest of my life. I will always have limitations of some sort!

They have two new interns that just started and will soon fill my position because I will not be able to return right away because of my disability. I have filed for short term disability (they only pay for half of my salary!) and will probably get denied for WC. Should I seek a work attorney right away? If so, can somebody recommend a good one Smile. Any advise on this situation would be greatly appreciated. I want to return to work but am forced into this mess and its not my fault.

Thank you

RE: Forced On Workers Comp Help! - 1171 - 06-11-2013

there is an "attorney locator" link on the bottom of every page of this site.
search other posts on this site for similar situations that have already been answered.
include your state when you post.

if your employment is covered by FMLA you can save your job for up to 12 weeks by making sure your employer processes your lost time under it.

RE: Forced On Workers Comp Help! - tbear6410 - 06-11-2013

Sounds like my work.... My manager and asst. manager refused to file... I filed online and got a lawyer. I just returned to work after being on disability for 3 months. I have life medical on my back until someone wants to settle. If you can, see if you can get a Nerve Block done to your back. I had that done on May 3rd and I've been almost pain free.

RE: Forced On Workers Comp Help! - Manley2 - 06-11-2013

I would not tell somebody to get a nerve block. It might be something that will help and it might not be for them. The best thing to get is a great doctor that has your best recovery in mind. There are so many different things that could help so don't get locked into thinking one thing like a nerve block is the only thing that will help. There are steps a good doctor will take to help decide what is your best coarse of action. Trouble with this is sometimes finding the right doctor and even if you do getting WC to cover it. I hope you can find the help you need and as quick as possible so maybe you can get some relief.

RE: Forced On Workers Comp Help! - Jammarson02 - 12-14-2013

It's been awhile since anyone posted here, I hope this finds you at least in a better position.