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Screwed over 2 times, Too many
Hello, I don't usually post on forums but I am interested in hearing some opinions outside of my friends and family. I am a Disposal laborer(Garbage man) and have been out of work since this past 4Th of July. On June 15Th in the middle of my work day I noticed my right forearm had pain in the middle when I was lifting barrels. I chalked it up to soreness from repetitive motion. Rested over the weekend, and continued working until Wednesday the 20Th when I had to leave work because the amount of pain was concerning. I went to my work doctor, and after some x rays I was told it was not a fracture and probably a pulled muscle. I was recommended to light duty at the dump for a week and then put back to work on my truck. The pain persisted while lifting barrels, but there was nothing I could do but take ibuprofen and work through it. Then on July 4Th I was drinking with a few friends and relatives and me and my cousin got a little rambunctious and we began to arm wrestle. After not even 3 seconds after we touched palms an audible snap was heard by everyone on my porch. I went to my doctor the next morning. After some x rays were taken, he came in the room with the film and informed me I have a fracture that has been healing for a few weeks now. I told him about the incident on the job and he encouraged me to apply for workers comp. I went back to the work doctor with a copy of the 1st x ray they took and the 2nd x ray I had just got taken. After they printed copies of the two I was brought into an office and told there was no evidence of a fracture in the 1st x ray and the fracture was most likely a result from the arm wrestling without prior injury. Somehow my cousin, same weight, same build, snapped my bone with nearly any real effort, yup that most be it...Needless to say they didn't give me workers comp. I didn't want to start any waves so I didn't fight it and just let it go figuring I'd be back to work in a few weeks, no big deal. I scheduled an appointment with my doctor for July 26Th, he didn't put me in a cast because from what he saw the bone was set and it wouldn't be necessary. Went back on the 26Th, got another x ray, my doctor comes in the room, looks at the new film and tells me I need to get put in a cast. From what I saw it looked like the fracture actually widened. My doctor asked me to drop off a copy of my 1st x ray done by the work doctor to determine when the break really started. Its now been a little under 4weeks and I have an appointment tomorrow (Aug.21st)to see the progress of my healing. I'm assuming I won't be back to work until mid September(my guess)and truly regretting not fighting for workers comp. My doctor told me it could've started as a stress fracture, which can be hard to see on x rays and sometimes require an MRI to diagnose. I'm going to find out his opinion on the 1st x ray tomorrow and if he see's something, get some documentation and try for workers comp. But if he doesn't see anything I don't know what to do. I don't want to take legal action but its clear it was a work related injury. My doctor (an Orthopedic Dr) can see that from my 2nd x ray, but these hacks refuted that it was an old break before, they'll do it again unless my doctor see's something they didn't see in the 1st x ray. Just looking for some input as to how to go about this situation, Thankx
you can try to get an atty for the comp claim but you're likely to have difficulty. the case is murky at best.
But you can't get any where in the comp system --atty or not ---without medical evidence that the fracture was caused by the work activities and not things afterward.
even if you get a doc to say with certainty it's a work injury all you've got is 2 doctors that disagree. that still is not enough to get them to pick up the claim.
at best you might get a small settlement out of it. at worst the atty can take it to hearing and try to win that way.
either option may not be worth the small fee work comp attys get.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.

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