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no case of accident
#1
I have A problem I never had a traumatic injury but i have ended up with a lot of back problems. I just started by having phantom problems such as foot going numb and lots of strange various pains. I was just recovering from knee surgery which i don't know when i injured it but i did. Anyway when i told the orthopedic he sent me for mris of my back and it showed 2 ruptured, two compressed disc and three fractured vertebre, further test showed i have osteoporosis and i am only 40 problem is i think the injuries are all work related but since there was no accident i cant claim, i am an elevator constuctor and my job requires a lot of heavy lifting climbing and twisting any thougts would be great thank you
 
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#2
Hello:
If you could go and put what state you live in, into your profile, that will help us help you. Each state has differant laws, rules and statues.
Also at the top of this page, there is an area called "info by state", this would be worthwhile for you to read.

If you could also give a bit more info, as to when you had the MRI's, surgery and so forth, this too will help everyone to be able to give advice.

I would also like to welcome you to the forum. You'll find alot of informative and knowledgeable people here, who are willing to try and help. Feel free to join us in the off topic area, where we enjoy laughs, games and even just to vent.

Good luck to you.
Vickie
 
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#3
Very hard to prove, no matter what State you live in. If no injury was ever reported, the Insurance for Work Comp, can argue such injury / injuries could have taken place anywhere, even ones home. The battle will be very much lenght in time. If anything I could offer as for an opinion, it would be to make some Work Comp Attorney's contact, which is free, and ask them what they think they could do for you, at this point.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#4
many states now have moved on from the old "accident" definition and have added provisions and caselaw that allow for repetitive strain and cumlative trauma type injuries. Like vickie stated we can't say for sure in your case without knowing your state.
Most states have websites with contact numbers for calling for information. check out your states website and call the ombudsman or other contacts and find out what your state allows.
P.S. before you'll even have a chance at a successful claim you will need a strong opinion from a doctor that your condition is due to work activities and not anything else.
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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#5
hi thanks for your thoughts i live in new york and i thought it would be an uphill battle at best. I had mris over a year ago after being misdiagnosed several times because the pain and symptoms were not in my back anyway i thank you for you thought and time
 
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#6
new york does allow repetitive strain claims where the injury has occurred over a period of time instead of in one specific incident.
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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#7
Fred,


Like 1171 said there is the repetative injuries, your job can contest it all they want and it may be a fight but time will show that your job more then likely caused your injury. And just for the record a lot of back injuries don't start with the back. I was having problems with my leg until the doctor told me to bend over and all HELL broke loose. I haven't been the same since. But You have my prayers and good luck. You really need to find you a good w/c attorney, because most likely your job will put up a struggle.
 
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