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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Hurt Back on First Day

    My workers compensation claim was made in the State of: South Dakota


    So I started a new job last week and hurt my back doing so. I went the the "nurse" as soon as she came in, as I worked the midnight shift and complained of the soreness. I also told supervisor and trainer before I seen the nurse. The "nurse" said to take Ibuprofen, ice it and I'll be fine. I did so. Not much difference. So I went home rested, came back to work. It hurt worse than the night before. I continued doing what the "nurse" said to do and on Wednesday left early from my shift. That was counted against me. Which is stupid in my opinion. I came back to the company later that day and spoke with the "nurse" again. She had me fill out some kind of injury complaint form and setup a time for me to see on site physical therapist. So I agreed to do so. She continued to tell me to take medicine of which I'm not too fond of doing, and asked her did she think I should see a doctor. Since she's a NURSE I didn't put too much stock into her advise. She stated that I should not see a doctor that what I was experiancing was highly unusual and stated that no one else had complained of the same injury. She then stated that if I did see a doctor a med comp claim would be filed and would go thru all sorts of things, I misunderstood her and thought she meant that was what I was trying to do, but she was on the defensive after I asked about the doctor anyways. So I decided to see a chiropractor and learned that she obviously lied about others having pain, anyways....to make a longer story short I found out today that I have a slight curvature of the spine, and have never had any back problems until I started there. Standing 8 hours mixed with a constant looking down and twisting motion apparently set this issue into overdrive. The dr. put me on work restrictions, but the employer accepted my resignation earlier today. So now I have no work to excercise those restrictions. I had spoke with HR manager on Friday and stated that I was thinking about quitting b/c I felt the company was not serious about my injury. Apparently they decided to make that my I quit phrase. Anyways, will company x still have to pay for the medical expenses thru the comp claim even though it was just filed? And what else can or should be done? I see the dr. again tomorrow, and will for the next four weeks. I honestly was looking forward to working there, the money was going to be insane, but no amount of money is worth my health. Thinking back, I wish I had not said anything, but now I know about my spine. SO I don't know. Any thoughts? As I've never had to deal with this before. So I'm pretty green about the whole matter.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Hurt Back on First Day

    Information on WC process and FAQs for SD are here http://dol.sd.gov/workerscomp/employ...ibilities.aspx

    As you 'quit' your job, there may be a question to whether or not wage loss benefits are due. You have no wages to replace.

    You should file the first report of injury, if that hasn't been done by the form the nurse had you fill out, and be sure the claim for benefits is filed by your employer.

    For now...
    Doctors and Second Opinions

    You have the right to choose your doctor, but you must notify your employer of your choice prior to treatment (or as soon as reasonably possible after treatment). Emergency room treatment does not count as your choice. If you want to change doctors, you must get written permission from your employer or the insurer.

    If you want a second opinion, you must pay for that yourself. Your employer and the insurer also have the right to a second opinion with the doctor of their choice at their expense.
    As you now have a diagnosis of a 'curviture of the spine', you should probably expect a denial of your claim. The condition you have would not liklely be caused by your work. (or work history). Even though there is an underlying condition, 'aggreviations' to that are generally compensable injuries.

    Probably be a good idea to also consult with an attorney or 2.... I think you are going to experience some denials, delays ...difficulties in getting the benefits you may be entitled to.

  3. #3
    Join Date
    Mar 2009
    Posts
    16

    Default Re: Hurt Back on First Day

    Dude, first of all, why would u quit when u got injured on the job. Secondly, it's not about if your hurt or not. It's about what the court and doctors believe. Im not a medical pro and the only knowledge and expierence I have with the health and spine is with my own injury. But I have a herniated disc in c-spine and bulge in l-spine. A slight curvature in the spine is nothing. NOt to take away from your problem. All the medical info would say that is normal. The nurse is correct in the sense that from her medical opinion that nothing more than a slight curvature in the spine shouldn't keep you from work. It's very unusual for you to be in extreme pain to the point of no work for more than a week. Did you get hurt on the first day? I'm not saying your claim doesn't have any merit. But in the eyes of the courts and medical pros no literature supports your claim of being hurt to the point you can't work. Plus it looks bad when a person gets hurt when they first start a job. It gives the "APPEARENCE"of your trying to pull a scam.
    Last edited by gokudbz; 08-14-2009 at 04:10 PM.

  4. #4
    Join Date
    Aug 2007
    Posts
    158

    Default Re: Hurt Back on First Day

    Quote Quoting foxtrotmonkey View Post
    My workers compensation claim was made in the State of: South Dakota


    So I started a new job last week and hurt my back doing so. I went the the "nurse" as soon as she came in, as I worked the midnight shift and complained of the soreness. I also told supervisor and trainer before I seen the nurse. The "nurse" said to take Ibuprofen, ice it and I'll be fine. I did so. Not much difference. So I went home rested, came back to work. It hurt worse than the night before. I continued doing what the "nurse" said to do and on Wednesday left early from my shift. That was counted against me. Which is stupid in my opinion. I came back to the company later that day and spoke with the "nurse" again. She had me fill out some kind of injury complaint form and setup a time for me to see on site physical therapist. So I agreed to do so. She continued to tell me to take medicine of which I'm not too fond of doing, and asked her did she think I should see a doctor. Since she's a NURSE I didn't put too much stock into her advise. She stated that I should not see a doctor that what I was experiancing was highly unusual and stated that no one else had complained of the same injury. She then stated that if I did see a doctor a med comp claim would be filed and would go thru all sorts of things, I misunderstood her and thought she meant that was what I was trying to do, but she was on the defensive after I asked about the doctor anyways. So I decided to see a chiropractor and learned that she obviously lied about others having pain, anyways....to make a longer story short I found out today that I have a slight curvature of the spine, and have never had any back problems until I started there. Standing 8 hours mixed with a constant looking down and twisting motion apparently set this issue into overdrive. The dr. put me on work restrictions, but the employer accepted my resignation earlier today. So now I have no work to excercise those restrictions. I had spoke with HR manager on Friday and stated that I was thinking about quitting b/c I felt the company was not serious about my injury. Apparently they decided to make that my I quit phrase. Anyways, will company x still have to pay for the medical expenses thru the comp claim even though it was just filed? And what else can or should be done? I see the dr. again tomorrow, and will for the next four weeks. I honestly was looking forward to working there, the money was going to be insane, but no amount of money is worth my health. Thinking back, I wish I had not said anything, but now I know about my spine. SO I don't know. Any thoughts? As I've never had to deal with this before. So I'm pretty green about the whole matter.
    Am I missing something here, how did the nurse know what your injury was? You said you never had problems untill you started working there standing all day and twisting, but you were there only for 1 day. Then before you could get a Doctors opinion you quit? Is this right?
    Last edited by EMM; 08-15-2009 at 01:47 PM.

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