What to do ??

[Mattiesmom]

What is the name of your state?Georgia

I am an employee of a major hospital in Georgia. On Feb.22,2005 I hurt my lower back pushing a stretcher with a patient. The stirring mechnisism was not working properly on the stretcher & I lost control, the stretcher/ patient was headind for the wall, I pulled back to keep from hitting the wall. Anyway... employee health sent me to the ER, x-rays were done the ER MD said it looked like he seen a crack, CT was done, then he said it looked like buldging disk, gave me meds sent me home. I was still in major pain so Employee health sent me to the Orthopedic doctor, the x-rays had not been sent to him yet, he asked some questions, felt my back, gave me two weeks off and physical therapy twice a week saying I had a sprain and to return to work on March 7( with out looking at the x-rays). I have been to physical therapy 3 times which caused extreme pain, I went home early on March 7, March 8 worked 1 hour and was sent back to Orthopidic with the x-rays. The orthopedic MD said it looked like I had some wearing on a vertibra, but never changed his diagnosis from a sprain, wanted me to reschedual for 2 weeks and do an MRI but stay on light duty at work & continue physical therapy. I got a call later on the 8th(yesterday) that I would be taken out of my department because they could not accomidate my new schedual. Workers Comp is paying for everything now, bills/ missed time, I am to go tomorrow to sign some papers to get the check for the missed time out of work. This is the first time I have ever been through anything like this so I don't know what to do, but I think I have more than a sprain and this could be long term pain. Like I said workers comp is paying now,but I think I have a bigger case. Any suggestions ?

 

[tjr5150]

What makes you think you have a bigger case?
your department could not acomendate you so they put you on workman's comp...
again what makes you think you have a case?
back injury's are different you could of had a herniated disc
and not of known it same with a buldging disc it's just when you put more pressure on it than normal it aggravated it you should be thankful they are paying you....
next time when your pushing something and the steering is not working right tell someone to help you switch the person to another bed or let it hit the wall

 

[rmet4nzkx]

Consult with a personal injury attorney, while you're qualified for workers comp, you may also have a case if the equipment was not properly maintained or defective. Also be sure to apply for FMLA and also ADA accommodations if needed. Make no assumptions just because you work in a hospital.

 

[Mattiesmom]

The equipment was not working properly and it was known that several stretchers were not working right, you just had to do what you had to do with what you got and hope for the best. It had be posted for a suggestion to be added to the budget for some new stretchers, so management knew of some of the stretchers not working right but we don't have enough stretchers to but the broken ones aside.

 

[Beth3]

Consult with a personal injury attorney, while you're qualified for workers comp, you may also have a case if the equipment was not properly maintained or defective. Not against the employer she doesn't. Even if the employer was negligent in maintaining the equipment, WC is her sole recourse.

 

[rmet4nzkx]

Since the Hospital knew the equipment was defective and continued to use it, that put both patients and workers at risk for injury, OP may still have an option beyond WC, same as if they had a slip and fall on the job because a spill wasn't cleaned up.

 

[Mattiesmom]

Don't get me wrong I am very thankful all this is being covered under workmans comp. My concern is that this could cause long term pain and back problems, plus effect my employeement. What happens if I persue this with lawyer?

 

[Beth3]

Since the Hospital knew the equipment was defective and continued to use it, that put both patients and workers at risk for injury, OP may still have an option beyond WC, same as if they had a slip and fall on the job because a spill wasn't cleaned up. If a PATIENT was injured due to the hospital's negligence they may indeed have civil recourse. An EMPLOYEE injured on the job is an entirely different matter. An employee's sole recourse is whatever benefits are provided for in his/her State's WC regulations. An employer simply isn't civilly liable in a WC situation. I'm not trying to be argumentative but I don't think you understand WC reg's, rmet.

If the hospital had a puddle in a hallway the size of Lake Erie and the OP had fallen and broken her back, her sole recourse would STILL be WC regulations.

 

[Beth3]

Don't get me wrong I am very thankful all this is being covered under workmans comp. My concern is that this could cause long term pain and back problems, plus effect my employeement. What happens if I persue this with lawyer? What happens? I'm not sure what you're asking. You're free to consult with a WC attorney any time you wish to if you have questions or concerns about how your WC claim is being handled. Even an attorney can't magically turn this into a civil suit however.

 

[cbg]

Beth is correct. The w/c coin has two sides. On the employee side, the employer is fully responsible for any work related illness or injury. On the employer side, the employee cannot sue them.

W/c is the sole recourse for a work related injury or illness as far as the employer is concerned. If the equipment in question has a design flaw or something like that, they can sue the manufacturer but the employer is immune from suit.

 

[rmet4nzkx]

Please consult both a WC and PI attorney, let them evaluate your case and advise, in some states, California for one you would have to take two separate actions, possibly it is different in Georgia, but let the attorney's tell you, the WC attorney may handle both cases and also may refer you as well if not, but please consult an attorney.

 

[cbg]

Are you going to pay for the PI attorney consult, Ms. Cupcake?

Since you clearly don't believe Beth and me, who do this for a living as you may recall, please feel free to pick up the phone, call a PI attorney and tell them you want to sue your employer for an injury you received on the job. Then post back and tell us what the attorney says.

 

[Mattiesmom]

Thank you all for your responses and information !