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Am I covered under WC?
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04-26-2009, 12:53 AM
Post: #1
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Am I covered under WC?
While at work I was walking on lunch break and my back gives out. I started feeling horrible lower back pain and had trouble breathing. I was in pretty bad pain for about 30 minutes and had trouble sitting or taking deep breaths. My initial thought was that It was my kidneys but the medical staff located on my job said it was probably muscular because I felt nothing abnormal while using the restroom. After about an hour and 4 pain pills, my back started to feel slightly better so I decided to finish the last 3 hours of work even though I should have just went home.
The next day I still felt pain, my back was extremely stiff and had no range of movement so I had to call out of work. Because I called out, I was disciplined for missing work. I also brought up workers compensation to one of my managers and he said the injury was a personal injury and doesn't think its a workers compensation issue. Is this correct? I walk all day, everyday at work and I have never had any back related injuries until now. As of right now I'm still in a good deal of pain and don't really have any idea what caused the injury. Because this injury appeared WHILE at work but not really in the act of a working function other than simply walking, would I be covered for any missed days and any medical bills? Any useful knowledge would be greatly appreciated. Thanx, John |
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04-26-2009, 01:04 AM
(This post was last modified: 04-26-2009 01:05 AM by AQA.)
Post: #2
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RE: Am I covered under WC?
JohnC Wrote:While at work I was walking on lunch break and my back gives out. I started feeling horrible lower back pain and had trouble breathing. I was in pretty bad pain for about 30 minutes and had trouble sitting or taking deep breaths. My initial thought was that It was my kidneys but the medical staff located on my job said it was probably muscular because I felt nothing abnormal while using the restroom. After about an hour and 4 pain pills, my back started to feel slightly better so I decided to finish the last 3 hours of work even though I should have just went home. A back injury can be serious. I would seek medical attention and while being seen, I would tell them that it happened at work. Back injuries do not always show up when the back is injured. It may take a day or to. In my case it took two days and two after that I saw a dr.. As far as the manager goes, the manager is not in the medical profession. If you say it happened at work and the dr. says it is a work related injury. That is what counts. PS. Workers compensation is state specific, meaning you may want to let us know what state you are in. Also, there is a time limit in reference to filing a claim. Take care 8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom. |
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04-26-2009, 01:14 AM
Post: #3
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RE: Am I covered under WC?
I'm located in Florida and the Injury happened yesterday btw.
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04-26-2009, 01:20 AM
Post: #4
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RE: Am I covered under WC?
If injured my back at work and it was still bothering me. I would seek medical attention ,so I would know what is wrong and get some meds for the pain. If it is hurting to much, I would go to the er. In my case, a week after seeing my dr. I was in the ER having emergency surgery. The bottom of this page shows the procedures that I have gone through because my back started hurting at work. Like I said, a back injury can be very serious.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom. |
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04-26-2009, 10:18 AM
Post: #5
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RE: Am I covered under WC?
The main thing is to take care of your back. It is hard to deal with work and wc when it comes to how it was injured. Take it from somebody that had a work related back injury, the number one thing is to do what it take to protect your back.
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04-26-2009, 10:36 AM
Post: #6
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RE: Am I covered under WC?
Neither employees nor employers get to decide whether a claim is accepted or rejected. It should be reported to the carrier who will look at the medical opinion.
whether your activities at the time were employment related will depend a lot specific facts about where, when and what. if your doctor thinks it's work related file the clam and let the carrier decide. you can always appeal. |
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04-26-2009, 10:38 AM
Post: #7
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RE: Am I covered under WC?
Standing on your feet all day, over a period of time can cause back injuries in many people. As something so strange as prior to being on lunch, could of caused you to even twist wrong, not notice anything at the time, and then later it just flares right up. I would advise the employer to file a work comp claim, have them send you to a doctor, and then let the chips fall were they fall. Treatment now is advisable as quick as posible, for the sooner you get treatment the better you will be.
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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04-26-2009, 10:45 AM
Post: #8
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RE: Am I covered under WC?
The Others above have Given You Great Info., My Opinion, File a Claim and See what the Ins. Carrier Says after they Receive the Medical Evidence! Most Managers will not always give Correct Info. on w/c, Some get Paid Bonuses if they have No Lost Time Injuries during Their Shifts. Listen to the Above Answers, they are All Great, and I Wish You the Very Best!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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04-29-2009, 04:42 PM
Post: #9
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RE: Am I covered under WC?
Normally, in Florida, an injury is covered if on lunch break but still on the employer's premises. Since the only description you gave was " I was walking on lunch break and my back gives out" That is what could be called an "idiopathic" injury (An injury which is either peculiar to the individual or arising spontaneously from an obscure or unknown cause.). In most cases, this will be contested as there is no medical evidence or proof that this happened in the "course and scope" or is in any way "arising out of" the employment.
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04-29-2009, 05:02 PM
Post: #10
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RE: Am I covered under WC?
John,
Good luck with this! I'm finding out that Florida's laws are very difficult with regard to WC. The investgator I saw today about my case stated that it is almost impossible to get a WC claim in Florida without an attorney. I wish you good luck, and hope that your back feels better soon! Gate |
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