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  1. #1
    Join Date
    Nov 2012
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    boise Idaho
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    5

    Default Injured Back at Work, but Workplace Rumors Say Otherwise

    My workers compensation claim was made in the State of: Idaho
    i got an injury performing my duty at work. I was diagnosed with a back disease in April of 2012. the doctor had told me that i needed to find another line of work. released me with mild restrictions. i have asked my boss if there were duties i can perform that matched the restrictions. That was in affect for about two weeks. after that my employer has been having me do full on fabrication. a couple weeks ago myself and one other person were the only two in the shop, needing to flip a piece over to fabricate. the piece was way out of my restriction. after flipping it my back was sore, which usually happens when i work due to my disease. later that evening it.got way worse. so i figured take a couple days off and it would be better, like usual. well the weekend before i was wrestling around with a friend. I probably shouldn't have due to my back. it got sore but got better. A couple days after i had been off work a coworkers brought up the wrestling match but said it happened the night of the injury. now my employer hasn't had me come back to work due to the restrictions the w/c doc put on me. I've been off for 3 weeks now. Due to the rumor my employer is trying to get my benefits denied. what can i do to prove my injury was from work and not from the previous incident? what are possibilities of what can/will happen.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Quote Quoting jcoult View Post
    My workers compensation claim was made in the State of: Idaho
    i got an injury performing my duty at work. I was diagnosed with a back disease in April of 2012. the doctor had told me that i needed to find another line of work. released me with mild restrictions. i have asked my boss if there were duties i can perform that matched the restrictions. That was in affect for about two weeks. after that my employer has been having me do full on fabrication. a couple weeks ago myself and one other person were the only two in the shop, needing to flip a piece over to fabricate. the piece was way out of my restriction. after flipping it my back was sore, which usually happens when i work due to my disease. later that evening it.got way worse. so i figured take a couple days off and it would be better, like usual. well the weekend before i was wrestling around with a friend. I probably shouldn't have due to my back. it got sore but got better. A couple days after i had been off work a coworkers brought up the wrestling match but said it happened the night of the injury. now my employer hasn't had me come back to work due to the restrictions the w/c doc put on me. I've been off for 3 weeks now. Due to the rumor my employer is trying to get my benefits denied. what can i do to prove my injury was from work and not from the previous incident? what are possibilities of what can/will happen.
    worker's comp is "no fault".
    it is not necessary for you to prove that it's work related but for the employer to prove it's not.
    if your medical evidence is consistent with the injury as you describe that should be sufficient.

  3. #3
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    Nov 2012
    Location
    boise Idaho
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    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Ok. the coworkers saying it have written statements on that. but not being first hand witnesses isn't much right? im just worried that that's going to work against me. being off for ao long and having the only income providing for a family of five, makes it hard to pay the bills.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,136

    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Quote Quoting jcoult View Post
    Ok. the coworkers saying it have written statements on that. but not being first hand witnesses isn't much right? im just worried that that's going to work against me. being off for ao long and having the only income providing for a family of five, makes it hard to pay the bills.
    How do you know there's written statements?
    Quit talking about it with other coworkers or anyone else.
    If confronted with it, play dumb.

    Neither admit or deny anything to anyone, if they try to cut benefits, retain a lawyer.
    Let it die, quit gossiping at work.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Quote Quoting jcoult View Post
    Ok. the coworkers saying it have written statements on that. but not being first hand witnesses isn't much right? im just worried that that's going to work against me. being off for ao long and having the only income providing for a family of five, makes it hard to pay the bills.
    if they deny benefits you can appeal to the comp court. the judge will review the evidence and statements from both sides and decide or the case can be negotiated and settled.
    you may have had a second injury that aggravated the first.
    your atty can depose the "witness" to separate fact from rumor.

    you claim has not yet been denied so your worries might be premature.

  6. #6
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    Nov 2012
    Location
    boise Idaho
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    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    I didn't bring it up. one of the coworkers is also my neighbor, he said he mentioned the match to another and it got mixed up from there. i never dug or brought it up. Im being covered as of now but my lost wages comp isn't being touched until claims gets to the bottom of the commotion

  7. #7
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,783

    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Ordinarily, the injured worker has the burden of proving each and every element of his or her claim, including the facts showing that he got a certain injury at work in a certain way. Posting on here about your wrestling match won't help you any when the insurance carrier investigator finds it.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  8. #8
    Join Date
    Nov 2012
    Location
    boise Idaho
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    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    Do you think having this recently found back disease and still doing the job will also affect the case? as much as i don't want to go beyond my permanent restrictions there are many times i have to otherwise work won't get done and the employer would more than likely terminate me.

  9. #9
    Join Date
    May 2010
    Posts
    467

    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    As an injured worker with a back problem, I have to ask how badly your back was feeling if you would even consider wrestling with another full grown man? I personally have to question your honesty with your doctor and your employer about your injury. I would imagine so will any judge or adjustor who hears about your actions the night of your injury. I would suggest you think before acting so recklessly in the future, since you have dependants, maybe engaging in activities that have a very high chance of further injuring you, and possibly ruining your claim with insurance, are not in anyone related to you's best interest, and boarder on assinine.

  10. #10
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    Nov 2012
    Location
    boise Idaho
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    Default Re: Injured Back at Work. Rumors Going Around Say Otherwise

    I didn't engage in the act the night of the injury. it was days before the injury. i was fine for a couple days, no pain so i went to work and worked all day without any problem. then the injury occurred later in the afternoon. that's where the mix up was. coworkers said it was the same day.

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