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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Unhappy Cervical Spondylosis Through Work

    I have been 'nodding' at my work PC for 12 years now and the Company have never had any kind of Health and Safety in place, nor were we ever encouraged to take breaks from our PC's. My work was
    Data input and I have been doing it 'robotically'. I have now got quite bad Cervical Spondylosis in my neck, confirmed by an MRI, I also have nerve compression in my neck which gives me both pain and
    numbness in my left arm. I also started to suffer from Vertigo quite bad recently. I brougt all this to the attention of the Human Resources Director and Facilities Manager (who incidentally joined the
    Company two years ago and have made many changes to the benefit if the staff, i.e. Work Station assessments etc). I have asked to be given another job which does not involve working on a PC but
    I know they will not have anything (two requests have been mae since Oct 2012). I am at the end of my tether - what shall I do next? What happens if they do offer me another position? Am I
    obliged to accept it? Should I walk out now and take a chance on whether they would compensate me for loss of earnings or should I walk ouit and see an injury lawyer? I have 8 months left before I
    retire. If I did see an injury lawyer I would not only hope for my loss of earnings for the next 8 months but also compensation. My neck and shoulders were only giving me grief when I am on the PC at work -
    never anywhere else, not even when I am on my own PC but that too has changed because now I am getting it for no reason, i.e. Standing at the Bus stop, washing up, sitting on the sofa.

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

    Default Re: Cervical Spondylosis Through Work

    you should get another job.
    you can't be made to take another job if offered.
    you should fie a claim.
    each state's comp system has different benefits; it's unknown whether yours includes loss of earnings.
    you need to discuss your condition with your doctor and file a comp claim if the doctor supports a connection to your job duties.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Cervical Spondylosis Through Work

    If I did see an injury lawyer I would not only hope for my loss of earnings for the next 8 months but also compensation.
    You need to file a WC claim with your HR dept.
    It would also be a good idea to review your states comp laws, what benefits are actually available, and maybe more importantly what is not.
    You are not compensated for wage loss...but if your Dr says you cannot work while you treat/recover from your injury, you would be eligible for TTD/Temp Total Disability indemnity, or wage replacement, typically paid at 2/3's of your average weekly wage, tax free.

    PD indemnity would be paid based on impairment rating once you are determined to have reached MMI.

    Your STATE would help here, some do not allow for CT/Cumulative Trauma injuries. And, WC is state specific.

  4. #4
    Join Date
    Apr 2013
    Posts
    11

    Default Re: Cervical Spondylosis Through Work

    Apply for work comp immediately. AND GET A LAWYER. There is so much you can and will do wrong if you don't know all of the LAWS and you could end up penniless and hopeless like I am. THE FIRST THING YOU DO IS GET A GOOD LAWYER!! I promise. Feel free to contact me, I had a similar think happen at work and I have been through 14 years of nothing short of hell.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,077

    Default Re: Cervical Spondylosis Through Work

    That condition is quite common in middle aged people. You would need a spine doctor to link your condition to your work activities to have any hope of winning a comp claim on it. Better talk to a good workers' comp lawyer in your town and see what he or she advises. I think the biggest hurdle for you will be the medical causation question.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Jan 2013
    Posts
    12

    Default Re: Cervical Spondylosis Through Work

    If you cannot work due to these injuries and you have seen your records and know that is linked to your job, or if your doctor believes is linked to your job based on your truthful reports, then don't hesitate to file our WC case. If the WC doctor puts you off work because of the pain and other symptoms you could get by with STD and LTD through your union/employers disability benefits and immediately apply for social security retirement and Retirement disability through work if it is available. By the way, any doctor, not only WC doctor can put you off work and after you file a WC case, the onset can go back to the first day you were out, it was due to the WC injuries you claim. Best wishes...

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