Maryland Worker's Compensation - Help For Injured Maryland Workers

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  1. #1
    Join Date
    Aug 2011
    Posts
    4

    Default Proving a Back Injury

    Hi,

    I work long shifts at work sitting all day in a chair. I believe I have gotten a herniated disc from this (its the only possible explanation for my injury... I haven't gotten into a car accident, play sports, etc...). Is there anyway to prove that the chair caused the disc herniation? I figured it is a long shot, but thought I'd ask anyway.

    Thanks for your input in advance.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Proving a Back Injury

    you don't have to prove that it did, but you need a medical opinion that it did or aggravated it.
    if you have back problems discuss it with your doctor and if they support a work relationship then you can file a comp claim.

  3. #3
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Proving a Back Injury

    Okay, I have been seeing a doctor. I see him next week again, so I will discuss it then.

    Thanks for your help

  4. #4
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Proving a Back Injury

    Quote Quoting .SH View Post
    you don't have to prove that it did, but you need a medical opinion that it did or aggravated it.
    if you have back problems discuss it with your doctor and if they support a work relationship then you can file a comp claim.
    This didn't happen instantly over night. Such as when people think about workers comp cases, like falling off a ladder and then going straight to your supervisor. This has been an on-going problem for approx 5 months. Will this matter?

    Thanks

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Proving a Back Injury

    Could be CT/Cumulative Trauma... if MD allows for this type of injury/claim..
    There could also be DDD/Degenerative Disk Disease... about 80% of the working population will experience some degree of back pain/issues during their lifetime...
    That doesn't mean you dont' have a compensable claim...you don't have to prove you are injured, only that your injury is related/caused by your job function.
    I work long shifts at work sitting all day in a chair. I believe I have gotten a herniated disc from this (its the only possible explanation for my injury...
    You need medical opinion to support your claim... expect a denial on this one. You should also be prepared to litigate the claim.

  6. #6
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Proving a Back Injury

    What are the chances that this will hurt my career if I go forward with this? I love my job very much, and don't want to lose it, but I want to get help somehow if its responsible for this...

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Proving a Back Injury

    you know your employer better then anyone here.
    how have they reacted to claims from others?
    if your job is aggravating an underlying condition, do you really have a long term future in that occupation?
    can you and your employer modify your duties?
    can you move to a less stressful work situation?
    only you can answer these questions.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Proving a Back Injury

    I work long shifts at work sitting all day in a chair. I believe I have gotten a herniated disc from this (its the only possible explanation for my injury... I haven't gotten into a car accident, play sports, etc...).
    Is there anyway to prove that the chair caused the disc herniation? Have you been to a/your own Dr for consult. or diagnostics?
    That's how you 'prove' up your claim ...through medical evidence. If you are diagnosed with a CT/Cumulative Trauma injury, that meets the AOE/COE standard... Arose Out of your Employment, and/or in the Course Of your Employment... you woud have a compensable claim.
    As said..you don't have to prove you are injured, only that you meet the AOE/COE test.
    You do this with opinion of treating physicians.
    Your own opinion... matters not.
    I realize I'm repeating myself here... do discuss this with your Dr... there could be underlying health issues you are not aware of at this point.

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