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  1. #1
    Join Date
    Mar 2021

    Default Advice Injury at Work

    I am having issues with an injury at work and do not know what to do.

    I have been working for the State of Florida for 26 years now. A few weeks ago i was injured at work when a resident i care for fell on me while i was crouched down, resulting in some back pain and my left arm and hand going a little numb. I reported it and went to the doctor they sent me to. He did an xray and said he saw no visible fractures and released me to work with light duty restrictions, which my job accommodated.

    Within a few days of that doctor visit the pain worsened and i had to miss work, then they sent me back to the doctor. They prescribed some meds and scheduled me for an MRI the following week. In the meantime i was unable to go to work due to the pain worsening. The following week i went for the MRI and the doctor called me and said " he saw no acute injury" but there were some issues going on with my back and said i need to see a back specialist/ Neurosurgeon. Which they scheduled me for 5 weeks away and a 1 hour drive away. In the meantime i still was missing work. The following week the numbness increased and the pain had not subsided so they sent me back to the doctor again. He changed some meds and sent me on my way with light duty restrictions. I told him i can barely get out of bed,walk,drive, etc and he responded " Well workers comp doesn't like for us to put people out of work". So once again i am missing work.

    Now... my job says i am required to work 40 hours a week 8 hours a day light duty or workers comp can drop my claim. My workers comp case manager said i should go see my primary care physician but i cant unless i drop the WC claim. I have 4 weeks until i see the specialist and nothing is improving and i am not getting paid because my leave has been exhausted. WC has not covered any of my time missed from work. My case manager basically said the yhave done all they can do and i just have to wait on my upcoming appointment while going to work, but i CANT, and if i need more medical attention i need to drop the claim and go see my own doctor.

    Now i dont know what to do i cant go to work. Im not getting paid while im missing work. If i dont go to work WC can drop the claim and if i want to see my own doctor i have to drop the claim.

    Any advice would help !!!!

  2. #2
    Join Date
    Oct 1971

    Default Re: Advice Injury at Work

    My workers comp case manager said i should go see my primary care physician but i cant unless i drop the WC claim.
    That's hogwash, have no further contact with that agent nor argue with the employer - now's the time to lawyer up.
    Consult and retain a lawyer today!!

    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.

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

    Default Re: Advice Injury at Work

    Tony is right. But, in workers' comp, you cannot take yourself out of work and expect the work comp people to pay you for wage loss. A doctor needs to take you out of work for that. See a lawyer--this will only get worse if you don't.
    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

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