Not sure if covered by workman comp?

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ShawnO

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At the moment I am out of work I was hust out for close to 2 weeks when I was told that I can return. My first day back I was unable to perform the duties that are required of my position. (IE: repetitive lifting of 50 lbs bags of salt and removal of 200 lbs to 600lbs units up stairs on a 2 wheel dolly) In one hand I cannot pinpoint one instance when i hurt my back due to the nature of my job I usually have a sore back. Then 2 weeks ago Over the weekend my back became unbarable and the only relife I can get is on major muscle relaxers and lying on my side. But now after the 2 weeks and going back for a half of day I am now being told I cannot do any work for the next month and to be on best rest at which time I will be revaluated.

I am not sure were to go from here. any help?
 
If you feel your back injury was caused by your job, you need to tell your employer that and inform them you wish to file a worker's compensation claim. Your employer's WC insurance carrier will investigate and make a determination whether they are liable for your lost time and medical bills caused by your injury.
 
Consult With Attorney

You might want to also get a consultation from a work comp. Attorney you should be able to talk to them for free before you retain one. Let's assume that the company is going to say that since you can't pin point the exact minute and location that your back starting hurting at work then most likely they will deny any responsibility. By what you said about your job description it sounds like it could be repetitive motion injury that has been progressing over time. You need a doctor to determine an opinion on what you injury is and how long it's been going on. Please don't go see a company doctor, choose your own. You might ask your regular MD to refer you to a specialist. If it is determined to be work comp. The company should have to bring you back in when you are able to return to work and provide you with another activity like light duty until you have completely recovered, if they don't want to do that then they should not have any problem paying you an adjusted salary including overtime that should be some kind of average of what you were making in the past few months. Do your self a favor call a attorney and let them handle the details, to many people make the mistake of working with the company and WC carrier who try and act like your best friend until it comes time to get serious. Once you have an attorney working for you any contact about your case or interviews with you should be going through the attorney.

Good Luck

Simple Man
 
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