Injured At Work – Workers’ Comp or Disability?
I am 23 yrs old and i work at an assisted living that has residents that need lifting . i had injured my back while lifting and just got my MRI back that said that i have a slipped disk (2 cm doctor said I’m not getting surgery) and arthritis in my back now from repetitive banding and that lift that injured my back. i have been on workers comp for three months now and back still gives me trouble and muscle spasms. I hate not working but my job wont allow me to stay on lite duty for long.and even the lite duty is making my back get spasms and stiff and I’m not doing anything hard and it just frustrates me cause its easy tasks. am i qualified for disability?
Answer: File a workers’ comp claim immediately. It sounds like a work injury, but for argument’s sake, let’s say it’s not. Just the simple act of filing a WC claim puts you in a protected class so they can’t retaliated on your ass. Your employer cannot prevent you from filing a claim. That would be illegal. Go back to your doctor and tell him light duty is also causing you pain. Seriously, if you have a slipped disc, how in the hell can you even work on light duty? Who are you seeing, a company doctor? Get yourself a new doctor, he’s a moron. Also, click here to get yourself an employment law attorney! Get a consultation to discuss the merits of your case. You should NOT go into battle for yourself. Your boss and the WC insurance company are hoping you do and they are hoping you don’t know your rights. The attorney will know exactly how to proceed. You should also educate yourself a bit and go to your state’s Department of Labor, Workers’ Compensation Division and read up on your employee rights.
Also, you need to document what went down, that is, what caused your injury and how to sought treatment. Click here for a free download that explains how to document.
And for next time, prepare yourself for problems at work. Download Work Laws Exposed. It’s written by an attorney specifically for employees. It’s very easy to understand and will tell you exactly the type of crap employers try to pull and EXACTLY, step-by-step, what you can do to prevent it. If in the event they call your bluff, retaliate, or are just too stupid to know the law, it explains how you can legally mop the floor with them.
Find A Lawyer Are you dealing with discrimination, harassment, retaliation, work injuries, wrongful termination or other problems at work that you know are wrong and need them to stop? Click here to search LegalMatch. Act now to get a consultation with qualified employment law attorney in your area before it's too late to file a claim.
One Response to Injured At Work – Workers’ Comp or Disability?
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It is amazing how many young people get injured at work. This is some great advice that you are offering this person. So many young workers don’t think that an accident or an injury can affect them. It is always good to be prepared and stories like this can be great ways to help educate others.