Problems Getting Benefits for Work Injury...

by Josh
(Texas)

I slipped off the forklift at work. I landed the wrong way and hurt my back and hip. I didn't think much of it the rest of the day and didn't say anything to my supervisor until the next day. When I did say I was injured I never got a reply.

I went back into my job and tried my best to work but was hurting so bad. I told the shift leader I was in a lot of pain and was going to go to the emergency room. I went to the ER and they put me on crutches until the next Monday. They said if I didn't feel any better I should come back or see my primary doctor. I went to the doctor but she couldn't release me for work or give me an excuse because I needed more tests. I can't pay out of pocket for the doctor and ER bills.

I asked my employer if I needed to fill out any report and if they needed me to go to a company doctor to get a release. He told me I need a release from my own doctor. This whole time the company has not filled out any injury report. What can I do? I feel the company is at fault and I'm losing money and worried I'm going to get fired, even though I told them the very next day about my injury. Shouldn't they have done an injury report?

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ANSWER for "Problems Getting Benefits for Work Injury...":

Josh (Texas):

It sounds like you work for a company which carries workmans compensation insurance. If that’s the case go to your supervisor and ask him for a list of the company’s approved doctors.

Go and see one of the doctors on the list. If the doctor believes your injuries merit an MRI (Magnetic Resonance Imaging) examinationation or a CAT Scan (Computer Axial Tomography), she will order one.

MRI's and CAT Scans are imaging devices which are similar to x-rays but much more precise. An MRI or Cat Scan can determine if you have “soft tissue” injuries which can include sprained or torn ligaments, muscles, tendons and like injuries, and can also determine fractures and damage to internal organs. In your case an MRI can determine if you have a herniated disk in your back.

If the tests are negative then you may only need a few days more of rest. If they are positive you may have a longer than expected period of convalesce.

If your employer will not cooperate, speak with qualified personal injury/workmans compensation attorneys. Most will not charge any fee for an initial office consultation. If they take your case you will not have to pay any fee in advance.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy