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ill at work, other worked withheld medical treatment
#1
Hello, I could use some input.     
I had several seizures one morning at work.    I had never had a seizure before in my lifetime.    Some how I ended up in an employee break area with a couch.      Other employees noticed me on the clock laying on the couch.    I ended up on the floor at one point an a employee helped me back on the couch.   No one told my boss, I was missing in the break area for three hours.    They finally called my boss and took me to the hospital.      The point is I had at least two seizures at work and another in the ER.    Bad enough I was out of it for two days.    And ended up with a broken arm in three spots.     The doctor said I could have died or could have had a stroke since medical treatment was withheld for so long.  Why you might ask.   I don't know maybe the other employees don't like me or maybe they didn't want to get involved.    My boss didn't know where I was.   Didn't come looking for me.   I have been off work 12 weeks with no pay.   My arm is broken in three spots.   I have medical bills, therapy bills,  and loss pay.   Workmans comp deninded my claim.   Said a seizure isn't a work related problem.      I agree, but my test came back with no known case for the seizures.    No drugs or alchol in  my system.   can they be held responsible for not helping me for three hours?
thanks for your help.
lu
 
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#2
I'm sure there are OSHA requirements to provide first aid to employee in distress.
you can file a complaint with them or with your state's safety agency.
you should check with your labor commissioner to see what additional rights you may have.
contact your union rep as well.
of course you can also talk to a labor atty.
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
What state are you from as benefits and rules differ from each state? If you are in California for example you can apply for state disability.


1171 could the broken arm be considered a work injury as it was caused by falling during her seizure?

I agree with 1171 to contact a employment attorney and a workers compensation attorney to see if you have any recourse. If not you should look for other resources to help with wage replacement etc, but this is depended upon the state you live in. Do you have a short term or long term disability policy with your employer or on your own?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
a non-industrial seizure does not extend comp liability to its consequences. there would have to be more evidence as to the events that directly caused the fractures. In any event it would depend on the case law in the particular state that controls where the injury was filed.
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.
 
Reply
#5
thank you all for your help. I am in the state of Indiana. Not sure when the break of my arm happened. Maybe during the seizures, doctor said it could have happened first and the shock of the break and laying for hours with no help could have brought on the seizures. There is no known cause for the seizure. thank you for your help.
Lu
 
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#6
(10-03-2016, 09:40 PM)lu-lu Wrote: Hi lu-lu
 
Sending a complaint to OSHA will only get you labeled as a trouble maker at work and most likely get you on their ____ list!! You will not receive anything from OHSA. Maybe your employer will get a fine if you can prove your case, which means your co workers will also need to put their neck out on the chopping block for you, are they this dedicated to you or more so to the employer who makes sure they have $$ to pay their monthly bills. 1171 is correct in that the employer has the responsibility to provide you appropriate care should you show signs of illness.
 
As far as WC goes if you work with a computer or use another type od device that may  bring on a seizure Im sure the Appeals Court would turn over the denial for this reason as it most likely was not even mentioned in your 1st hearing. I strongly disagree with the statement that seizures are not work related illness, it could very well be the sole cause of it more so if you watch very little TV at home and prefer books for entertainment.
 
Where did the broken arm come from  did this happen during your seizure?? If so I am pretty sure this at the very least is a work related injury, it certainly would if you tripped on a bump in the throw rug?  PLEASE POST YOUR STATE so I may look this up in the law library, unless this is NJ where you do have a case and a good one!!!. Certainly find an EXPEREINCED lawyer in WC to review this case for you, I am willing to bet your medical bills get paid and you get a % your back wages if you were unable to work.
 
I assume this is not a Union work place? As if so that would be another place to seek assistance.
 
Hang in there Dear
 
BUG   


Hello, I could use some input.     
I had several seizures one morning at work.    I had never had a seizure before in my lifetime.    Some how I ended up in an employee break area with a couch.      Other employees noticed me on the clock laying on the couch.    I ended up on the floor at one point an a employee helped me back on the couch.   No one told my boss, I was missing in the break area for three hours.    They finally called my boss and took me to the hospital.      The point is I had at least two seizures at work and another in the ER.    Bad enough I was out of it for two days.    And ended up with a broken arm in three spots.     The doctor said I could have died or could have had a stroke since medical treatment was withheld for so long.  Why you might ask.   I don't know maybe the other employees don't like me or maybe they didn't want to get involved.    My boss didn't know where I was.   Didn't come looking for me.   I have been off work 12 weeks with no pay.   My arm is broken in three spots.   I have medical bills, therapy bills,  and loss pay.   Workmans comp deninded my claim.   Said a seizure isn't a work related problem.      I agree, but my test came back with no known case for the seizures.    No drugs or alchol in  my system.   can they be held responsible for not helping me for three hours?
thanks for your help.
lu
 
Reply
#7
Hello Bug,, thank you for your help. I have returned to work. Was off for 12 weeks because of my broken arm. I am in the state of Indiana. Let me fill you in a bit. I am on a cleaning crew. General little housekeeping. No computer monitors on at that time of the morning so that wasn't the reason. I dust, vacuum and clean restrooms all day. The chemicals we use for our housekeeping are all green. I do use bleach from time to time, but not that morning. So I don't really feel chemicals had anything to do with it. I returned to work three weeks ago and asked my boss to view the surveillance film of the morning I broken my arm/had my seizures. The room I clean first has two surveillance cameras in it and the hallway has 3 more cameras. I was told by my boss that camera's didn't pick me up. NO WAY. The office I clean has a money safe in that room. So I should be on the camera. I thought maybe seeing the video would show me some insight on what happened that morning. Was I in the room alone? DId someone hit me? Did I fall in that room and break my arm? Was my arm broken before I went to the restroom/break room. If so the doctor told me the pain and shock of the broken arm could have caused the seizures. I don't even remember going into the restroom let alone the break room. I was told I was in the break room for over 3 hours. My boss agreed to that when I asked him. A week later when I talked to him again about viewing the video he told me they were not sure how long I was in the restroom/ break room. When I talked to the head of our security department he agreed that the video showed me in the restroom/break room for 3 hours. Why would they be hiding this? Because no one helped me.? A co-worker did tell my boss at the end of the 3 hours. She knew I was in that break room for hours. She went to my boss and told him I was sick on the floor and needed to go home. My boss didn't even get up to check on me. He did send me a text message to come to his office. Because of the seizure I was unaware for 2-3 days of anything. I keep asking myself WHY he didn't come to check on me or at the very least call someone to check on me. He did tell me within 15 minutes of him finding out I was sick he saw on the camera's I was being put in a wheel chair. Once I got to the lobby the camera showed me having a seizure. My boss did get up and come to the lobby at this time. My question is could my arm have been broken before the seizure? Did the seizure cause my arm to break? Did the lack of help from my co-workers for three hours cause me more distress? My coworkers knew I was on the couch in the breakroom. At one point I was on the floor, they picked me up and put me back on the couch. Thinking this is when I broke my arm, but don't really know. Thanks to all for the help.
 
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#8
(10-25-2016, 11:53 AM)lu-lu Wrote:  Dear lulu

Was all of this in your incident report or brought up when you were on the phone/face to face with your company's WC intake person?? Was it this level of the case where you were denied or was there a formal petition filed in your states WC court and denied by a seated WC JUDGE??  I agree your case seems bizarre but if you came to work with a solid arm and went home with a broken arm even though you dont recall where you broke your arm and your employer "claims" there is no footage of you falling that would cause a break, due to your state of mind would make me feel you not knowing where your arm was broke is justified as hours of this day you cant recall.
 
If this determination was made by a WC JUDGE you cant go any further unless you file this form : i took this from thr 
https://secure.in.gov/wcb/2338.htm
 
Disputes not resolved through the Informal Dispute Resolution process may only move forward if an Application for Adjustment of Claim (SF 29109) is filed. The case is then assigned to a Single Hearing Member of the Worker's Compensation Board for determination of all unresolved issues.
 
the good news is you have 2yrs from date of injury to file this form. However you have the burden to prove your case and medical evidence is very important!!! Which you have and
 
On page https://secure.in.gov/wcb/2337.htm 
 
which I think is a great idea for you to consider if you want to pursue a claim, is the informal dispute. I guess it comes down to how much you love your job and or  the way you are treated there if you even wish to file as this may label you which is not  true but today many employers bully their employees and that's just due to our poor economy, but I think this can be a double edged sword because in states like PA. if you file and win a WC case no employer will hire you because of this, it is ill-legal but they can say any reason for not hiring you. These are things you can discuses with the adjuster in the informal dispute. 
 
I hope you find this helpful, but the main thing is you should have fully recovered and your health is your most important asset. Now you need to consider making your employer pay you what I and you feel they OWE you for making them a huge pay check weekly. I was surprised at how much profit there is in your field of work. My Sister and her best friend had a cleaning biz they worked a few hrs each night and it paid my Sis more than she made with a bach. degree at her professional job!!!!
 
Please if Ican be any help or you need more information you know where I can be found
 
BUG   


Hello Bug,, thank you for your help.    I have returned to work.   Was off for 12 weeks because of my broken arm.   I am in the state of Indiana.   Let me fill you in a bit.    I am on a cleaning crew.   General little housekeeping.    No computer monitors  on at that time of the morning so that wasn't the reason.   I dust, vacuum and clean restrooms all day.   The chemicals we use for our housekeeping are all green.   I do use bleach from time to time, but not that morning.    So I don't really feel chemicals had anything to do with it.   I returned to work three weeks ago and asked my boss to view the surveillance film of the morning I broken my arm/had my seizures.   The room I clean first has two surveillance cameras in it and the hallway has 3 more cameras.   I was told by my boss that camera's didn't pick me up.   NO WAY.   The office I clean has a money safe in that room.    So I should be on the camera.    I thought maybe seeing the video would show me some insight on what happened that morning.    Was I in the room alone?   DId someone hit me?  Did I fall in that room and break my arm?   Was my arm broken before I went to the restroom/break room.   If so the doctor told me the pain and shock of the broken arm could have caused the seizures.    I don't even remember going into the restroom let alone the break room.   I was told I was in the break room for over 3 hours.    My boss agreed to that when I asked him.   A week later when I talked to him again about viewing the video he told me they were not sure how long I was in the restroom/ break room.   When I talked to the head of our security department he agreed that the video showed me in the restroom/break room for 3 hours.     Why would they be hiding this?   Because no one helped me.?    A co-worker  did tell my boss at the end of the 3 hours.   She knew I was in that break room for hours.   She went to my boss and told him I was sick on the floor and needed to go home.    My boss didn't even get up to check on me.    He did send me a text message to come to his office.  Because of the seizure I was unaware for 2-3 days of anything.    I keep asking myself WHY he didn't come to check on me or at the very least call someone to check on me.   He did tell me within 15 minutes of him finding out I was sick he saw on the camera's I was being put in a wheel chair.   Once I got to the lobby the camera showed me having a seizure.   My boss did get up and come to the lobby at this time.   My question is could my arm have been broken before the seizure?   Did the seizure cause my arm to break?   Did the lack of help from my  co-workers for three hours cause me more distress?  My coworkers knew I was on the couch in the breakroom.   At one point I was on the floor, they picked me up and put me back on the couch.   Thinking this is when I broke my arm, but don't really know.   Thanks to all for the help.
 
Reply
#9
(10-25-2016, 07:27 PM)bugmann Wrote:
(10-25-2016, 11:53 AM)lu-lu Wrote:  Dear lulu

Was all of this in your incident report or brought up when you were on the phone/face to face with your company's WC intake person?? Was it this level of the case where you were denied or was there a formal petition filed in your states WC court and denied by a seated WC JUDGE??  I agree your case seems bizarre but if you came to work with a solid arm and went home with a broken arm even though you dont recall where you broke your arm and your employer "claims" there is no footage of you falling that would cause a break, due to your state of mind would make me feel you not knowing where your arm was broke is justified as hours of this day you cant recall.
 
If this determination was made by a WC JUDGE you cant go any further unless you file this form : i took this from thr 
https://secure.in.gov/wcb/2338.htm
 
Disputes not resolved through the Informal Dispute Resolution process may only move forward if an Application for Adjustment of Claim (SF 29109) is filed. The case is then assigned to a Single Hearing Member of the Worker's Compensation Board for determination of all unresolved issues.
 
the good news is you have 2yrs from date of injury to file this form. However you have the burden to prove your case and medical evidence is very important!!! Which you have and
 
On page https://secure.in.gov/wcb/2337.htm 
 
which I think is a great idea for you to consider if you want to pursue a claim, is the informal dispute. I guess it comes down to how much you love your job and or  the way you are treated there if you even wish to file as this may label you which is not  true but today many employers bully their employees and that's just due to our poor economy, but I think this can be a double edged sword because in states like PA. if you file and win a WC case no employer will hire you because of this, it is ill-legal but they can say any reason for not hiring you. These are things you can discuses with the adjuster in the informal dispute. 
 
I hope you find this helpful, but the main thing is you should have fully recovered and your health is your most important asset. Now you need to consider making your employer pay you what I and you feel they OWE you for making them a huge pay check weekly. I was surprised at how much profit there is in your field of work. My Sister and her best friend had a cleaning biz they worked a few hrs each night and it paid my Sis more than she made with a bach. degree at her professional job!!!!
 
Please if Ican be any help or you need more information you know where I can be found
 
BUG   


Hello Bug,, thank you for your help.    I have returned to work.   Was off for 12 weeks because of my broken arm.   I am in the state of Indiana.   Let me fill you in a bit.    I am on a cleaning crew.   General little housekeeping.    No computer monitors  on at that time of the morning so that wasn't the reason.   I dust, vacuum and clean restrooms all day.   The chemicals we use for our housekeeping are all green.   I do use bleach from time to time, but not that morning.    So I don't really feel chemicals had anything to do with it.   I returned to work three weeks ago and asked my boss to view the surveillance film of the morning I broken my arm/had my seizures.   The room I clean first has two surveillance cameras in it and the hallway has 3 more cameras.   I was told by my boss that camera's didn't pick me up.   NO WAY.   The office I clean has a money safe in that room.    So I should be on the camera.    I thought maybe seeing the video would show me some insight on what happened that morning.    Was I in the room alone?   DId someone hit me?  Did I fall in that room and break my arm?   Was my arm broken before I went to the restroom/break room.   If so the doctor told me the pain and shock of the broken arm could have caused the seizures.    I don't even remember going into the restroom let alone the break room.   I was told I was in the break room for over 3 hours.    My boss agreed to that when I asked him.   A week later when I talked to him again about viewing the video he told me they were not sure how long I was in the restroom/ break room.   When I talked to the head of our security department he agreed that the video showed me in the restroom/break room for 3 hours.     Why would they be hiding this?   Because no one helped me.?    A co-worker  did tell my boss at the end of the 3 hours.   She knew I was in that break room for hours.   She went to my boss and told him I was sick on the floor and needed to go home.    My boss didn't even get up to check on me.    He did send me a text message to come to his office.  Because of the seizure I was unaware for 2-3 days of anything.    I keep asking myself WHY he didn't come to check on me or at the very least call someone to check on me.   He did tell me within 15 minutes of him finding out I was sick he saw on the camera's I was being put in a wheel chair.   Once I got to the lobby the camera showed me having a seizure.   My boss did get up and come to the lobby at this time.   My question is could my arm have been broken before the seizure?   Did the seizure cause my arm to break?   Did the lack of help from my  co-workers for three hours cause me more distress?  My coworkers knew I was on the couch in the breakroom.   At one point I was on the floor, they picked me up and put me back on the couch.   Thinking this is when I broke my arm, but don't really know.   Thanks to all for the help.
 
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#10
Thank you again Bugmann for your help. I talked with a WC rep over the telephone. He denied my claim. He did ask me several questions. We talked about me going to work, starting my work. We talked about how I got to the break room, me being picked up off the floor and being put back on the couch. I told him the other employees knew I was
in the break room for three hours. We talked about what the doctor said about my seizures. I had never had one before or one since my hospital stay. Doctors could find no reason for the seizures and have marked my chart as undetermined. I have not filed a petition or spoken with a lawyer. Have not taken any other steps as of yet.
The fact is I wanted to see the video and they won't show me. I just want to know when my arm was broken. I wasn't broken when I went to work. WC rep said a seizure would not be work related. Is it? or wasn't it? Guess we will never know. All I know is I got up and started my day feeling fine, drove to work, clocked in and started my day.
that is all I remember. I just feel as if not showing me the video is a way of them covering up the fact that they let
me lay for 3 hours without help. I do like my job and I do get paid well, but 12 weeks with no pay check has been hard. thanks again for your help. You have been a big help.
Lu
 
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