Workers Comp Help
Nurse Injured While Moving a Patient
I am a Nurse who injured her back at work pulling a patient up in bed, with the assistance of a CNA. We used proper body mechanics and asked the patient to assist us by pushing with her feet on three, as we used a pad to pull her up. Unfortunately, the patient went limp on three instead of helping.
I didn't have immediate pain afterwards, but when I woke the next morning for work, my back was hurting as well as my right shoulder. At work I notified my supervisor what had happened the previous day and the fact that my back was now hurting. The supervisor acknowledged that he had heard what I had said but offered no other advice or instruction. My regular day off the next day resulted in my awakening with pretty bad pain. I called my family doctor, who was also our facilities Medical Director. His office was closed, so I took some Tylenol, turned on a heating pad and stayed on the couch for the rest of the day.
The next day at work, the pain was becoming intolerable. I had called my doctor that morning and made an appointment to see him, then I reported again to my supervisor that I felt I had really hurt my back. He had me fill out an incident report, I also had the CNA that helped fill out the witness section. The supervisor asked if I wanted to see a doctor. I informed him that I had an appointment with my doctor/our Medical Director that afternoon. My supervisor stated that was OK.
At the doctors I was seen by his Physicians Assistant (P.A.) who also had been a chiropractor. He stated he felt I strained my back, and that it was in severe spasms. He prescribed pain meds and muscle relaxants that were non-sedating so I could continue to work that weekend, I was afraid of getting in trouble for calling off. After a long and painful weekend, the pain became very severe. On Monday I returned to the Doctors and put on restrictions to be off work for three days. He gave me a Narcotic pain med as well since I was getting no relief from the other med. On the 4th day I went back to work, the pain no better the doctor ordered Physical Therapy for pain management with e-stim and no lifting restrictions.
I notified my supervisor only to have my Director of Nursing lecture me that I had not followed proper procedure, and that I should have gone to the ER and had a drug test, the day that the injury had happened. I tried to explain that I had followed procedure by reporting the injury to my supervisor, but she refused to listen. She also stated that I should have seen the Doctor and not his P.A.. She then encouraged me to take some more time off, the P.A. agreed and told me to be off work till further notice.
Before I left work I was counseled on "proper procedure" and received my Physical Therapy Evaluation. I was told by the Business Office Manager (B.O.M.) and the "new" Personnel person, that the claim would be processed. The following Monday, the pain remained severe, I notified the doctors and an Orthopedic Consult was requested by him and faxed to my employer. They stated it must be approved by Workmans Comp. before I could have it.
I waited till Friday, after repeated calls to my employer I received a call from the B.O.M. whom stated they had not received any information. Another week passed and I had become increasingly depressed from the constant pain and little sleep. I called work repeatedly with no response for my request for call back. People were always conveniently unavailable. I notified the doctor and he agreed we needed to have diagnostics done, namely an MRI. I notified work of this (I finally got through) the BOM stated that since I had not originally followed what they called "proper procedure" that my claim was in corporate review. They refused to give my our workmans comp. insurance provider or the corporate numbers.
My MRI was scheduled for a week and a half later and I contacted a lawyer specializing in workmans comp. cases. He agreed to take my case. Prior to the date of the MRI, my lawyers paralegal attempted to get the insurance information and corporate numbers to no avail. She was even hung up on twice!! Then she got through to employees whom declined to have any knowledge of where if at all any workmans comp. posting was available. In the meantime I had obtained corporate numbers and supplied them to my lawyer. Again this lead nowhere. No one would give any answers.
When I showed for the MRI I notified them (per my lawyers advice) that this was a workmans comp. claim and the corporate number. No authorization was given and the hospital stated they couldn't do the MRI unless I gave them $900.00 up front. Naturally, being off work for a month, with no income, a single mom and 1 1/2 weeks before Christmas, i had no money. The MRI was cancelled with my lawyer stating we would have to get the judge to order it to be done.
Now it's 1 week before Christmas, I've filed for unemployment my bills and utilities are falling drastically behind and I'm going to apply for food stamps. Forget Christmas, I don't know what I'm going to tell him. It's just a sit and wait game, a painful one that sees me unable to take a shower without pain meds. I can't tolerate being up for more than 15-30 minutes. My lawyer is confident I will get my workmans comp., and be reimbursed for my meds, but my spirit is slowly dwindling as the pain persists.
What have I done to my back is what I want to know? Do I have a slipped disc? Do I have a compression fracture? Will I need surgery? How long is it appropriate or legal to keep someone from receiving treatment? How much suffering is to much? Who has the right to tell you you can't get treatment? And finally, how long will this inhumane treatment of hard working people be allowed?