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  1. #1

    Default Denial of Workers Comp Over a Pre-Existng Condition

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


    I work at a large hospital here in my town. We started using some new IV bags that were "eco friendly", but not user friendly. I acquired a TFCC tear in my right wrist from spiking these bags (Im a nurse by the way). I went through all the proper channels and was told that even though this was an OJI that because of a previous injury (car wreck 8yrs ago when I broke my right arm) I was predisposed to this current injury. I was denied workers comp. Since then I have been out of work, paying co-pays out the wazoo and going to PT. Can this employer do this to me? I have not had a problem with my arm since my car wreck but now they are blaming that on this injury. What are my options?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hurt at Work

    Your best option is to get a free consultation with a local worker's compensation lawyer.

    How long ago was this determination made, and did you try to challenge the determination?

  3. #3

    Default Re: Hurt at Work

    Thank you for replying. I will try to make this short and uncomplicated: On Oct. 17 on my way home from work my wrist was hurting. By the end of the night it was very very painful. When I woke up on the 18th I couldn't even move my entire arm because my wrist hurt so bad. I called into work and immediately went down to the walk-in clinic (which happens to be the one my comp. uses for workmans comp) and the doctor put me in a wrist brace and sent me home saying that if it wasn't better in three days to come back. I actually went to work on that Tuesday, three days later, and tried to work but my wrist started hurting badly again. (It had gotten better) I went back to the doctor that day and she ordered an MRI and I had that done that afternoon. On Friday I was dx with the tear. I immediately went to work and filed workers comp with employee health. The rep told me that after talking to the underwriter and discussing my previous injury that it would be denied so she wasn't even going to file it because then I would have all kinds of trouble. Now let me say here that nursing is my life. I love my job and at that time all I was thinking about was getting better and getting back to work. SO i pursued treatment through my insurance and here I am. I have left numerous messages for the higher ups in my company over the last month and a half so I could discuss this with them but nobody will call me back.
    I know I was stupid to just take her answer and not pursue it but now looking back I see that I should have. They are wrong. So wrong. And also because I didn't fall under workmans comp they won't find me another job to do in the hospital until I am healed.
    Thanks for listening. I look forward to your reply.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hurt at Work

    They should have processed your claim. It sounds like they were intimating that you might be accused of fraud if you filed a claim.

    Your best option remains getting a free consultation with a local worker's compensation lawyer.

  5. #5

    Default Re: Hurt at Work

    Thank you for your replies. I am going to contact someone.

  6. #6
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Hurt at Work

    Hi Misty,i kinda went through the same thing i was in construction for 14 years then i left because i wanted to try to save what was left of my back.Over the years i had minor back problems enough to go to a chiropractor several times.I fel at my new job and hurniated 2 discs one needed surgery and thats the first thing my employer said is that they didnt believe i hurt myself there they said it was from all the years in construction.Luckily the wc doctor i went to said that this was from a sudden movement or fall not from years of abuse.I didnt see where u live but in pa u are entitled to get a second opinion from a doctor of your choice so you need to find a doctor that will say this injury has nothing to do with your accident.Most wc attorneys dont charge anything unless you win your case so i would definetely get a attorney or these people will walk all over you.

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