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  1. #1

    Default Never Was Able to Get Looked at for Rsi

    My question involves workers compensation law for the state of: Wisconsin

    Hello, I'm a warehouse worker I'll try and explain myself as best as possible without given out potential info or head wind to my prior employer, my job is an extremely physical job, it's heavy weight and it is awkward weight, a month prior to being let go I was experiencing "back pain" more then usual and had a "new symptom" pain shooting down my "left arm" had me nervous I might have a "serious back problem" potential "disc problems" or "myofascial pain syndrome" from Google searches i had done and my dad having had bad back problems in his life, I went to my manager told him the pain I was experiencing and if it was possible to see a doctor for it, he told me "no" and recommended seeing the free clinic the work has a few blocks down the road, the free clinic said they can't diagnose or say what was causing my back pain, or give out specific restrictions, she just said you know what you can lift, seemed strange, I did get a no heavy lifting note, gave the note to my boss who did not seem to thrilled, upon handing the note he said "what you got a sore back" then later after he read it he put his hands on his hips tilted his head "what's considered heavy lifting," I found what "he said" and the way "he said it" both times to be so disrespectful and lacked any compassion, I didn't say anything, I've been stuck 20 minutes are so trying to explain why "I didn't say anything" to my boss I guess you really have to know him well and his prior behavior, he's had issues before with workers, I've witnessed him curse and berate women got so close and leaned over them to where she had to say back the ____ away. this was brought up to the "manager" and he said I can assure you going forward you can expect an immediate change referring to communicating professionally and boundaries, I didn't feel I was being treated that way, I was given lighter work for 3 days mostly "full skid" quantities it seemed alright, I believe it was the following week I had "full" skid quantities but I also had alot of heavy stuff I needed to stack on top I'd say there was 150-200 ish items in the 25-50 pound range I placed on top, I skipped over the items I figured to be over 50 pound plus items, I went to my boss and said I was done with what I felt I could get done, he said your not done, He pulled up my batch on the computer showing the items which where still there and said "are you seriously telling me you can't lift any of these" I didn't say anything like before, He shook his head and wrote down another batch on and sticky note and slammed it on the table, I wasn't able to speak to my manager about this till the following week considering I work the "weekend shift" and am only able to see him on "fridays", I told my manager about this, he seemed to agree it was unprofessional, he also said "you've worked here a long time and I respect you that's why I'm willing to work with you as best I can", he also said "like if I had a new temp that had the same restrictions as you had I'd either say we need you to lift this or where going to replace you, obviously you been here a long time your full time I'm not looking to do that, end quote, I felt like him saying that was wrong and a warning, aren't temps suppose to get the same treatment, accommodate with light duty if possible? I also tried again to get looked at by a doctor again, I believe I have a "repetitive stress injury", on average for 7 years it's "trackable with scans"showing most everything I ever lifted at work, I'd say over 15k a day on average items from 20 to 120 pounds, anyways my "manager" said he wasn't a doctor and had no way of knowing for sure, But a few days later I noticed on the "sheet of paper" that has all the "employees" on it and the badge numbers and on it, on mine it showed my name and badge like usual it also showed "sore back non-work related, I know he said he had no way of knowing, but i took great offense when I saw that. I was later let go for other reasons I believe was just an excuse to get rid of me I felt like he knew I wasn't going to let up on trying to get looked at, thanks for your time reading appreciate any advice going forward, it's been ahwhile sense i was let go almost 3 months, I tried calling a few lawyers so far the past week none seem to want my case.

  2. #2
    Join Date
    Mar 2013
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    18,259

    Default Re: Never Was Able to Get Looked at for Rsi

    Refusing to file a worker's comp claim for your job related injury/condition was illegal.

    Contact the Wisconsin worker's comp regulatory department and file the claim through that office.

    https://dwd.wisconsin.gov/wc/

  3. #3

    Default Re: Never Was Able to Get Looked at for Rsi

    Thanks for the response. I tried calling they seem to be busy due to covid 19 hopefully I get a response back today, I knew close to nothing about "workmans comp" or "employee rights" and have been trying to read up, I also called another attorney, they seem to think my employer doesn't have to send me to a doctor, that that's on me to do, and without a doctor's bill and a doctor's diagnoses there's nothing to make a claim, I really can't afford to get looked at, is this the case for Wisconsin?

  4. #4
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    Default Re: Never Was Able to Get Looked at for Rsi

    The way it's supposed to work is this: When an employee reports an occupational injury or condition the employer fills out a First Report. Looks like this:

    https://dwd.wisconsin.gov/dwd/forms/wkc/pdf/wkc_12.pdf

    You can see that there are time requirements for reporting depending on the nature of the injury or condition.

    As for whose doctor you go to, well, self preservation is nobody's business but your own. If you need medical treatment you go get it and figure out how to pay for it later. If you have no money and no insurance there are state or county run medical facilities that treat people for free. Remember that for wherever you work in the future.

  5. #5

    Default Re: Never Was Able to Get Looked at for Rsi

    Thanks for the reply, Any advice as to how to help prove it's work related, I have a few ideas, I know your allowed you're basic employment records such as medical, time cards, Ect, I had a good "Friend" who used to be a "coworker" that still works there he actually moved on to the IT department, I think he's smart enough with computers to extract all My data onto a flash drive, of everything I ever lifted, the weight of each object, how many total items I lifted the duration and average time between lifts, I don't know if that's something they'd want to give up though, maybe they'd say they can't disclose customer data, I figure they could just blank that out, I really want to have data before i go to a doctor and they say they can't give a note saying they believe it's rsi without more information. Then I'm just racking up doctor visit bills. Also am I still in the legal time frame to get help?

  6. #6
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    Default Re: Never Was Able to Get Looked at for Rsi

    Quote Quoting Warehouse worker
    View Post
    Any advice as to how to help prove it's work related,
    The employer would have to prove that it's not.

    Quote Quoting Warehouse worker
    View Post
    I had a good "Friend" who used to be a "coworker" that still works there he actually moved on to the IT department, I think he's smart enough with computers to extract all My data onto a flash drive, of everything I ever lifted, the weight of each object, how many total items I lifted the duration and average time between lifts
    If your friend can get you that information without risking his job, go for it. Otherwise, the state will probably go after it once the employer's wrongdoing is revealed.

    Quote Quoting Warehouse worker
    View Post
    Also am I still in the legal time frame to get help?
    Yes.

    When you look for an attorney, look specifically for a WC attorney. WC attorney fees are reasonable with a statutory limit of 20%.

    Here's a comprehensive guide to Wisconsin WC:

    https://dwd.wisconsin.gov/dwd/public...c/WKC-7580.htm

  7. #7

    Default Re: Never Was Able to Get Looked at for Rsi

    Thanks for your advice again, I talked to the local hospital, talked to a local nurse that asked alot if basic health questions,

    Basically told Me to call back Monday to setup a time with a practitioner which I plan to do, she asked me specifically is it just my back and arm, I paused to think carefully, I remember seeing a YouTube video discussing how every word you say is extremely important and people have problems getting all the care they deserve like if they fall and there "back" and "leg" are killing them so much they forget to mention they had a slightly sore neck, After like 5 seconds or so of silence "she just went on to another question",

    although my "back" and "arm" are my main concern, when I sit down and think just how all of me is feeling compared to 7 years ago, my hips don't feel as good over the past three years or so I'd say I had to change my lifting style alot which my back contributed, any deadlift style lift even light and repetitive at work agrivates my back, I put alot more side lean on it to help, sometimes I'll grab the rack with one hand and product with another putting alot more strain on my arms,

    my shoulders don't feel as good as they used to they do have a overall not as good of feeling, and my wrists have hurt on occasion but 98 percent of the time i feel 100%,

    I'm nervous about making my case I want to be firm but I don't want to come off as just someone trying to milk the system, i really want to work again but I have to know my body is alright,
    my dad was denied disability Ss because he went deer hunting one fall with me, I know he wasn't feeling that good one fall but it was sorta tradition we went the last 5 or so years, he didn't walk that deep in the woods nor have a tree stand, just walked in a bit sat under a tree, ended up going back to the car where he spent most of the day leaned back, and that was an reasoning which he was denied, which really bothers me, I know he struggles everyday, he ended up going to the hospital in acoma because of the methadone he was on, he wouldn't wake up, and was loudly snoring and breathing funny, he didn't overdose it's just some people have a bad reaction, If you watch "one pill can kill" an ABC documentary on YouTube you'll see what I mean,

    I really don't want to end up like that, I'm kinda a drugaphobe, I don't even take the basic over the Counter pain killers, I figure I want to feel everything everything does to my body rather then just mask it, then you'd never know if your deteriating your body, I know some pills are suppose to not mask and help with inflammation, but I hear turmeric is just as good for that.

    Anyways you say the burden is on my employer to prove it isn't rsi related, don't I have to make a case it is related first, then by what I read the insurance might want to fight it and send me to there doctor,? Just curious as to all the best steps to take to make sure I make a good case, and avoid a try at a overturn.

  8. #8
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    Default Re: Never Was Able to Get Looked at for Rsi

    Your age?

  9. #9

    Default Re: Never Was Able to Get Looked at for Rsi

    My 30th birthday is next month

  10. #10
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    Mar 2013
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    Default Re: Never Was Able to Get Looked at for Rsi

    Young enough so that your condition is unlikely to be challenged as age related.

    I recommend that you get a WC attorney ASAP and get this done properly from the beginning. A WC attorney should know what doctors to send you to.

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