Anyone ever filed a workers comp claim and/or disability claim?

[texasmr2]

I have had back issues since the 1980's and in 2002-2003 I was diagnosed with a degenerative disc. Speed up to 2016 and 52yrs of age and 6 weeks into a new job which I really like, and my co-workers are top notch, but the amount of lifting and physical work, using my back, has re-opened this issue. The pain is excruciating.

I missed work last Thurs & Fri and will not work any time soon. So this morning after texting my boss that I will not be in again I have decided that it is best to look into my options. I am by no means looking for a free ride off the back of others but I must do what is best for my health and use the programs available to me.

I am a native Texan and live in Houston if this information offers any help regarding advice I may receive.

Thank you in advance,
Gregg

 

[EVIL]

I went thru this year's ago.

Weight loss and exercise helped me a lot.

Also being careful on how I lift things.
Bending at the knees and such and being careful when lifting and twisting and turning.

Even though you have had previous issues with your back you can still get works comp because the new job agravated it.

Getting comp is not that difficult.

Companies frown on comp claims.

As long as you are who you say you are, the guy not looking for a free ride aren't looking for a settlement, some companies and peers will understand stand you were just injured and are looking for time to recuperate.

Get the comp and go to a doctor of your choice.

BUT! After you return you will still be looked at as a liability and don't be surprised if after some months you get let go.

Once again. Depending on the company.

Such is life.

Good luck
D

 

[texasmr2]

I went thru this year's ago. Weight loss and exercise helped me a lot.

Weight loss has never been a issue for me as I still maintain a BFR of between 18-20%, I was a gym rat for years which has helped and the job is a "workout" which I love.

Also being careful on how I lift things.
Bending at the knees and such and being careful when lifting and twisting and turning.

Yes....lift with your legs/hip but those are not options some times as there are hurdles that come into play and the routes/loads/equipment can change on a daily basis, a tangled web it is.

Even though you have had previous issues with your back you can still get works comp because the new job agravated it.

After some research I am becoming more educated about the process.

Companies frown on comp claims. As long as you are who you say you are, the guy not looking for a free ride, aren't looking for a settlement, some companies and peers will understand stand you were just injured and are looking for time to recuperate.
Get the comp and go to a doctor of your choice.
BUT! After you return you will still be looked at as a liability and don't be surprised if after some months you get let go.

Once again. Depending on the company.

Such is life.

Good luck
D

I do not plan, at this time, returning in the same capacity if offered the opportunity, I appreciate your input though.

 

[texasmr2]

Seeing the doctor tomorrow and you are correct EVIL regarding being frowned upon, it has already began.

 

[Frederickdav]

You have my sympathy. I have similar problems plus some un-diagnosed joint problem that affects my feet, ankles, knees, hips, shoulders, and hands. I went through all the garbage trying for long term disability. I was given short term disability for one year. After that, forget it! They found out I can sit up and take nurishment so I don't qualify. The strange thing when I tried for long term, the insurance co. made me file for SSDI. They even provided a lawyer. They turned me down for long term but I used their lawyer to get my SSDI. I was about your age when all this started. So, if you go this far-SSDI- count on getting turned down the first time. The only thing I could do was keep trying. Oh, you will become the lowest scum on Earth. I've had neighbors make nasty comments about why I'm not working. Guys I worked with for 32 yrs have nothing to do with me. It's all fun and games.

 

[texasmr2]

You have my sympathy. I have similar problems plus some un-diagnosed joint problem that affects my feet, ankles, knees, hips, shoulders, and hands. I went through all the garbage trying for long term disability. I was given short term disability for one year. After that, forget it! They found out I can sit up and take nurishment so I don't qualify. The strange thing when I tried for long term, the insurance co. made me file for SSDI. They even provided a lawyer. They turned me down for long term but I used their lawyer to get my SSDI. I was about your age when all this started. So, if you go this far-SSDI- count on getting turned down the first time. The only thing I could do was keep trying. Oh, you will become the lowest scum on Earth. I've had neighbors make nasty comments about why I'm not working. Guys I worked with for 32 yrs have nothing to do with me. It's all fun and games.

They call that ^^^^ great insight, thank you.

The funny thing is that the people who are the closest think you are looking for the easy way out yet have no clue or concept of ones own personal fight/struggle/health issues but think they know everything about everything while just being simpletons. I also have a bad hip that has left me with a permanent limp yet because I am only 52 the elders think it is all in my mind, I cannot win or finish even. I have decided that I will no longer share any of my personal business with anyone in my family (all the judges) or accept unsolicited opinions. Your body, your life so do not tread on me without permission.

Tough crowd.

 

[texasmr2]

The process starts today at 1pm with my initial evaluation. My boss will not even answer my call or text messages now and HR is short and abrupt. One could say "better now than later".

 

[EVIL]

Yep.

They've written you off.

Either they never liked you or are showing their true colors.

Thru will ask about old injuries. Consult your lawyer first before your evaluation.

Is this evaluation with your doctor or theirs?

D

 

[texasmr2]

Yep.

They've written you off.

Either they never liked you or are showing their true colors.

Thru will ask about old injuries. Consult your lawyer first before your evaluation.

Is this evaluation with your doctor or theirs?

D

Their doctor and I do not have a lawyer as I have never needed one.

Your questions are why I asked mine, I would prefer not to go in completely blind. If I seek counsel wouldn't that entail filing suit or just covering bases and for protection?

 

[BandAid]

Some companies have a 90 day try out period. hope that doesn't play into their favor

 

[texasmr2]

Some companies have a 90 day try out period. hope that doesn't play into their favor

Texas is a state that is often referred to as primitive in the "at will" employment status. A employer can dislike ones taste in fashion/attire and relieve them of duty with nothing more than a simple "I don't think this is going to work out" statement. Most often referred to as a "probation period" in my neck of the woods. My company is actually being very supportive and helpful, they deserve credit for that. I do have a interview this weekend though, irons in the fire....my fire.


I had a person ask me "Don't you have carts/dollies for that" without realizing the products do not voluntarily jump on and off the cart/dolly nor the weight nor the limitation in angles that limit lifting.

 

[texasmr2]

Made it to the doctor yesterday for my evaluation/consultation and x-rays. I have two bone spurs, one on each adjoining disc that are rubbing together and I also have a degenerative disc that is also losing cartilage. I must return today for my drug test because no matter how much water I drank yesterday I could not urinate. Then to Walgreens to fill the two prescriptions I was given.

The doctor put me on restrictive duty so I went into work this morning at 6AM filling food trays on a conveyor belt/assembly line. This job required me to constantly lean over and only lasted 15 minutes before I clocked out and came home, prone is the only position that does not keep me in pain but hopefully the med's will help.

It sucks that I have no control over these issues.

 

[Jerryl]

Sorry to hear about your physical condition.
The advice and your research are on point.

OSHA considers a "significant reaggrivation of a preexisting injury" to be compensable.
Since you are in the process of legal review, neither your supervisor nor HR will be communicating as they have been directed by their legal council to do so. Your communication should be via YOUR legal council only, to the insurance company and your employer. This is nothing personal from your organization, its business.

What will happen, is you will get an MMI or maximum mobility rating from a physcicuan after surgery and rehab. DO NOT MISS YOUR REHAB! This will tell the insurance company what the final settlement should be. Once settled, the case is closed.

Depending on your insurance, you should qualify for either short term or long term disability. Short term is defined as 6 months typical. You should research and start the claims process now. Also be sure to keep all your check stubs as evidence and any documentation of conversations of first injury report to your organization.

My advise is to develop a skill that provides opportunities which are less physically demanding as there is no value to the quality of life.

Young people or those without back issues have no appreciation what it is to live without. Hope this helps and good luck.

 

[texasmr2]

I do not want surgery and it was never mentioned as an option via the doctor and I am unsure if I am a candidate. One thing I am certain of is that I must consider other options. With that being said I do still have a few iron's in the fire.

 

[Frederickdav]

One thing I found handy, keep a folder with every scrap of paper pertaining to your situation. Copy every form you have to fill out and be very careful what you say on the phone it might come back to bite you.

 

[TurboTGuy]

I'm not trying to be a wise ass here, but perhaps you should back off of the guitar playing thread if you want to press a "back injury/pain" action and then keep complaining about a work injury.

After so many years of you doing it, playing hurts, period.

Multiple /Repeated/Constant activity results in Tendonitis.

Don't get me wrong, but you don't seem to have a problem aggravating the back pain situation with your playing.

Jus' sayin'

 

[texasmr2]

I'm not trying to be a wise ass here, but perhaps you should back off of the guitar playing thread if you want to press a "back injury/pain" action and then keep complaining about a work injury.

After so many years of you doing it, playing hurts, period.

Multiple /Constant activity results in Tendentious.

Don't get me wrong, but you don't seem to have a problem aggravating the back pain situation with your playing.

Jus' sayin'

Step away from the bong!

 

[jiho2]

Sounds to me like the evaluation and diagnosis you describe should work in your favor.

I obviously cannot speak to your insurance. But as I understand SSDI, disability does not have to be work related, but only prevent you from doing the main work that you have done for a living.

Age is a factor. After a certain age, retraining is taken off the table.

 

[texasmr2]

Sounds to me like the evaluation and diagnosis you describe should work in your favor.

I obviously cannot speak to your insurance. But as I understand SSDI, disability does not have to be work related, but only prevent you from doing the main work that you have done for a living.

Age is a factor. After a certain age, retraining is taken off the table.

The only thing I know for certain is that my job position and all the work it entailed caused my current issue yet I am thankful they helped me with treatment and a diagnosis, that is all I asked for and that is what I received. I doubt I will or can return to my initial position or will ever return.

TurboTGuy,
I gave you a hard time because I do not understand how you could compare playing a guitar to lifting and transporting thousands of pounds of product. I personally like to BB King (sit down while playing) but since I have not owned or played in about 3yrs your assessment does not hold water.

 

[Johnnie]

I'm not trying to be a wise ass here, but perhaps you should back off of the guitar playing thread if you want to press a "back injury/pain" action and then keep complaining about a work injury.

After so many years of you doing it, playing hurts, period.

Multiple /Constant activity results in Tendentious.

Don't get me wrong, but you don't seem to have a problem aggravating the back pain situation with your playing.

Jus' sayin'

Not to be disrespectful in any way shape or form, but I don't know what guitar playing has to do with back pain, especially if you do it sittimg down in a comfortable chair. Standing up? Maybe , because when I had my back issue standing was painful. Sitting in my comfy chair wasn't so bad. Playing guitar helped me substantially relax, and relaxation of the muscles that were in spasm helped the pain considerably. It was just my fingertips that hurt.

I had surgery as I had a herniated disc. It was a "micro lamimectomy". Woke up pain free. Granted, everyone's back maladies are different, and being an RN I was afraid of surgery. But, I had a damn good doc. I had the privilege of taking care of many of his patients in the ICU so I had first hand knowledge of his talent.
Here in Ohio, filing for disability is a nightmare of paperwork. I do wish you luck. Chronic back pain *absolutely* sucks.