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Injured during work conditioning
#1
I live and work in Indiana
I injured my lower back in July 2012.
I was put on OJI leave in December when my light duty time expired.
Months of PT, injections, MRI's etc. Began work conditioning in January 2013. 2 weeks before my FCE, return to work requirements were sent to the therapy facility. The information was incorrect and did not pertain to my work functions. I complained, to no avail with PT. During work conditioning, following the circuit they made me do, including incorrect requirements, I injured my rotator cuff. I contacted my union rep and president who then got our regional director involved. I was given a MRI and advised no tear, but bursitis and tendonitis, was put on rest and given injections to my arm. My union president contacted me to advise that someone made a huge mistake, I was not required to complete what was sent, no one knows who sent the information and the regional director of our company advised he would ensure it was fixed and that the director of risk management would contact me. 2 weeks later, the correct requirements were sent and I completed another 2 weeks of work conditioning. Tomorrow is my FCE and my doc appt is Monday. I currently have neck, shoulder and arm pain, weakness in arm and hand, nerve pain throughout into the fingers. I drop things like crazy. I have expressed this concern to the PT and my case manager. This is including my initial injury to the back.

Anyone else been injured in therapy due to someones mistake? Should I get a lawyer? I am not the type to jump on the lawyer bandwagon, but I am thinking that there needs to be an investigation. If I cannot be cleared 100% for job functions, I will lose my job, there is no limited or light duty at my location. I cannot afford to lose my position, I have been there 18 years. In 2 months I will be required to pay Cobra for my medical benefits (1700.00/month) which I cannot afford. That would leave me 300.00 a month left with my TTD checks.

any input would be great.
 
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#2
you are limited to workers compensation benefits for your work injury.
you cannot pursue a civil suit againt your employer for a work injury or a compensible consequence.
if there was medical malpractice involved from the PT/doctor's office you should certainly speak to a malpractice atty.
any recovery from a third party will be subject to reimbursement to the work comp carrier as they have subrogation rights.
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.
THANKS FOR POSTING.
 
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#3
Thx.
I dont think PT was at fault, they were only going by what they were given. Unfortunately, due to some people who scam the system, they cannot go off what we say our requirements are. What really ticks me off about the whole thing is, another co-worker of mine was out on injury at the same time and none of this happened to him. The correct information was sent for him, but not me.
 
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#4
This had happened to me when I was in work hardening also. They had a list of my job duties from employer that was not 100% correct. I had strict restrictions of no squating or kneeling during work hardening from dr. Pt pushed me to the point of re-injury, while at the same time kept saying if I don't she would tell wc I was not compliant.. There was nothing I could do other than my dr pulled me from there and had just over a month of delay to re-heal before I went to somewhere else.. Wc had to continue ttd and also took 2 months of pt to get me back so I could start the work hardening again..

I would seek out a wc attorney, they are now responsible for your shoulder and arm and if this causes you to not be able to return to work they will have to continue ttd...
 
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