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Luve1989 · Feb 19, 2013, 10:39 AM

I am a nurse in a doctors office which requires me to lift dead weight patients due to waking them up after anesthesia. I suddenly had excruciating pain at work, ended up at ER and showed extruded disc l4 which required surgery. I was out for one month. Back to work, and now same disc has herniated again. I have to go out for revision surgery which means I will be out another two weeks. My surgeon stated that this disc was not from degeneration it was due to something sudden, could have been lifting patients. He does believe this should have been a workers comp case, but I didn't do that with the first surgery. I am now concerned with excessive absenteeism that u could be fired. Can a company fire you if you have a workers comp claim? Just trying to figure out the best way to keep my job.

tickle · Feb 19, 2013, 11:00 AM

Has your office ever heard of lifting devices that are used for non-weight bearing clients?

I suggest you put this in your suggestion box. You should never have been allowed to lift a client who is not weight bearing. How in the heck did you accomplish that?

I don't think you will lose your job; it was a work related incident and therefor covered by workmens comp, and a doctor's note information them how long you will have to be absent; in fact there may be a lot of questions asked regarding their treatment of employees.

Question though. How is it that a 'doctor's office' is doing surgery that requires anesthesia?

smoothy · Feb 19, 2013, 11:11 AM

Expect a long fight for workmans comp (as in well over a year at least), Its supposed to be quick and a low threshold of proof... but the reality is they fight you every step of the way.

You NEED a lawyer for that.. I suggest you contact one now.. there is a statute of limitations to file after the injury. That's year in my area. Do not rely on your employer to be honest about it or give you the right information.

tickle · Feb 19, 2013, 11:20 AM

I agree with smoothy. Workmens' Comp works the same here in Ontario; it does take a long time to collect your money. And, yes, get a lawyer.

Luve1989 · Feb 19, 2013, 11:30 AM

We do epidural steroid injections under anesthesia. Most of the time the patients are fully awake when they leave, but often I am having to lift the back of the stretcher for better breathing purposes while they are asleep. I also just found out last Thursday about the reherniation confirmed with mri. They were suggesting fusion which I really am not comfortable with. But my job is already pushing me to make a decision and get it done. I am still working, but doing a desk job. I understand there position, but that's not something you take lightly.

Originally Posted by tickle

Has your office ever heard of lifting devices that are used for non-weight bearing clients?

I suggest you put this in your suggestion box. You should never have been allowed to lift a client who is not weight bearing. How in the heck did you accomplish that ??

I dont think you will lose your job; it was a work related incident and therefor covered by workmens comp, and a doctor's note information them how long you will have to be absent; in fact there may be a lot of questions asked regarding their treatment of employees.

Question though. How is it that a 'doctor's office' is doing surgery that requires anesthesia?

smoothy · Feb 19, 2013, 11:39 AM

Job protection during and related to Workmans comp isn't nearly as cut and dry as many believe. If you can't perform your duties as before in a reasonible recovery time... they might still be able to get rid of you, and there might be nothing you can do about it.

Because its not cut and dry by any means.. I recommend that same Workmans comp lawyer to explain that to you. THere are too many nuances and situation specific issues to summerize them all in a thread.

My wife's been going through this as well as the wife of someone else I know. You will likely discover 90% of what you think you know about this is wrong as we have.

Such as that 1 year SOL.. starts only after the injury AND they correctly respond to it... its possible you could report it... but if they don't handle it correctly... that clock doesn't start ticking. Don't expect that to happen however...

If money is an issue... many of these lawyers do work on a contengency basis... meaning they get a percentage of whatever you win. That percentage is regulated by your state... some being higher than others. If you don't win.. they don't get paid.