OT: Work related injury help.

[stray15]

Hello guys, you all have helped me in the past with my POS car and now I need some opinions on another matter. I'll apologize now for the length. Please read and help me.

I work at a garage doing mostly tire work and oil changes and stuff like that. Over the past two years of repetitive use of my wrists, mainly the left one, I have developed tendonitis. My doctor told me I have it in both wrists, but it’s only really bad in my left one. The earliest I remember feeling the pain was last fall. It wasn't real bad at the time so I never really did anything about it. I talked to the boss that I had at that time and he thinks he remembers me commenting about it back then. It just gradually got worse over the months. I'm only 20 years old, so I never really knew how work related injuries work. I know ignorance is not an excuse. Anyways, I believe it was August the 8th that it was so unbearable that I had to go see a doctor. Me being the young fool that I am didn't even want to go to my family doctor because I didn't think they would not even be able to tell what it is. I wanted to go to a specialist or something. I didn't think a regular doctor would be able to do anything about it. Like I said, I'm a young fool. Well, when the doctor came in, she said right away that she could tell that I had tendonitis. Little did I know my left wrist had a huge inflammation? The doctor left the room and I was just staying at my wrists comparing it and couldn't believe I never noticed it before.

The doctor told me to rest it and take off work for a week. Instead of actually taking off work, they moved me to "light duty" which was working behind the counter, talking to customers and what not. After I returned to the doctors a week later, it was still not better. Two more weeks later it was still not better. Now, a month later, I tried to work my old job back in, because I was feeling guilty not working out there, plus I hate working behind the counter. There was no chance I could continue working. In fact, my wrist is killing me as I type this.

The big problem is that I hate the company I am working for and I've wanted to quit all summer long. Now, it is worse than ever and I can't stand going to that place. I'm a full time student, so I only go there after classes for a few hours, but during the summer I was working over 60 hours at times. I want to leave this job but my wrist is still not better. There are so many things that I cannot do because of it. Such as ride my motorcycle that I bought this past spring. Totally ruins the joy of owning one don't you think? I can't work out like I used to. I used to go to the gym everyday at school and now I can't lift weights. I used to run 3 to 4 miles several times a week and do a bunch of exercises after that. I can still run fine but now I can't do push-ups at all, or pull-ups. I can't even work on my POS car for crying out loud. I still haven't even aimed my headlights that I got from ICESHARK, and I was on the original build. I have ball joints waiting for me to put in; I have a new coolant leak that I need to take care of. I am driving a car that gets dangerously hot because I can't ride my bike to school because of my wrist.

All of these things because of my work... For 9.50 per hour, I lose all these things that I once taken for granted.

What rights do I have as an employee? What can I do? I am not looking to take advantage of this situation. I'm not looking to commit insurance fraud; I just want my old life back. I don't know what to do. Should I look into getting an attorney?

My one co-worker asked me what I was going to do about my wrist and I told him, "quit" and he nearly flipped out on me. It was for my own good, he was telling me to never do that because if I can't do my job because of an injury at work, I should be compensated. What do I need to do about that?

I have no idea what do to do anymore.

Please help out a fellow member

[island911]

I don't know squat about this but others do. Maybe someone else will chime in on this.
It does seem to me though that if your workplace caused you injury, and it was establish by your doc visit when you had it, then if you quit (if for no other reason than to prevent further injury) no one could claim you hurt your wrist after the job, snowboarding or whatever. (they'll likely claim some other defensive positions though). . .but like I said, I don't know squat.
All I can say is keep looking for the people, Doc's and lawers that do have experience with these things.

[adrian jaye]

Hey Stray,

Sorry to hear bout your news, I'm UK based so you might wanna check up but heres a few points

1> Any work related accidents or injuries
Must be reported in writing usually in a designated book.

As soon as practical and certainly after being diagnosed

2> Check your insurance car/house you may have cover for free legal advice.

3> If you leave a job due to health reason's you "may" have a problem re-applying for other job's unless you can proove that a>your injury has healed b> the injury wont effect your new one.

4> Make sure you keep of all letters/conversations/doctors appointments. Also if you need any therapy, keep recipts as you could claim these back.

5> Are you a union member ? They can help

6> RST - or Repetative Strain Injury, or injuries resulting from or in RST, ie Tenetdanitis Tennis elbow are usually caused by inflammtion. You can take AIA's or Anti-Inflamatory Agents, such as Ibuprofen alongside painkillers.

Aint-inflamatory drugs work better than Pain killers cos your redusing the swelling, also hot compresses applied on and off in 5 minute burs't DONT USE "deep heat" type rub's there chemical and dont really work, direct heat or anit-histimine creams are better.

If you DONT rest your hand, t will only get worse. As your wrist is fairly important and a beech to heal.

However GET proper reputable LEGAL advise.

Oh another point if your work put you to counter work and YOU dont like it and go back to any kinda work which will aggreviate your injury, they can turn around and say it was your fault cos they offered to help you overcome your injury and you ignored it.

Also I "think" if you ignore health issues you are contraveneing any health and safety at work practices.

Stay safe

Adrian

[Rot 911]

I'm in Missouri and do not know PA employment law, but if PA is like most states this type of injury is covered by worker's compensation. Go see a worker's compensation attorney. They all work on contingency basis so it won't cost you anything to meet with one. They can guide you through what you need to do to get paid for your injury.

[Z-man]

If you are a part time employee, you may not be covered under worker's comp. Do you have insurance through the company you work for, or do you use the school's insurance?

Tendonitis isn't that bad a thing to have: with some rehab, you can get better and feel less pain.

Hope you get better!
-Zoltan.

[adrian jaye]

Originally posted by Z-man
Tendonitis isn't that bad a thing to have: with some rehab, you can get better and feel less pain.


I agree "z", but Stray was talking about continuing with the work or similar work which cuased it. And unless you get proper rest/treament and rehab it'll will get worse

laters

[Mikaldor]

I'll preface this by saying that I'm in Canada and things are slightly different from the US. However, we have subsiduary in the US and some of the rules are the same and still apply.

First, I would check with your state's Worker's compensation. Since this is a repetative injury due to activities on the workplace you should be compensated through the WCB if you can not perform your regular work duties.

Secondly, check with your insurance provider. If your company provides Short term and long term disability, you may be eligable to utilize that benefit so that you can properly rest, recover and rehabilitate your wrists.

Most states require that the employer carry sufficient coverage for Workers Compensation and disability insurance for the unexpected occurances. Also, if your doctor recommends, and backs it up in writing, that you should be resting and not working, then the company has no choice but to put you on PAID leave until you are able to return to work. Light duty is NOT the same as rest and rehab.

My 2 cents worth.