back injury at work. does my employer have to give me time off?? what are my rights?
I am awaiting the results of my MRI but have been in constant pain for 8 weeks now for what my doctor believes to be repetative motion/work related lower back pain. I will find out next week what specifically is wrong but my employer does not want to give me any time off or even allow me to schedule breaks within the day presently. I have tried chiropractic, accupuncture, hot/cold packs, pain medication, a steroid shot, and i cannot get any relief for more than a few hours. I have spent money on all these things plus physical therapy sessions and a tens unit. My employer says he has a problem with me inconveniencing people due to this but I have a problem with working in constant pain without breaks and getting brow beat for being in this situation. I’m trying to be a good employee but I feel as if he doesn’t care he just wants to make sure I continue making him money. What should i do if the MRI finds an injury? File a workers comp claim? I don’t want to quit or lose my job but I can’t continue if I do in fact have an injury and I’m making it worse every day. I do have a weeks vacation saved up if it is just some sort of flair up and will heal. I’m just so unsure as to what I should do to protect myself and what my rights are by law. Any advice or experience with a situation similar will be greatly appreciated.
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it depends on what state your in, but if the accident happened at work then you need to file a claim, but most states have a deadline to file the claim so it may be too late.
If you hurt your back at work, I hope you reported it immediately. You need a written file saying this happened on this date while doing this at work. Witness would be good.
Without a file or log of the event, they can now say you hurt it outside of work.
I can not believe they didn’t do an MRI first. That is the ONLY way to tell what is injured. Bad doctor.
I have 4 herniated discs. In the beginning the pain is pretty bad. Depending how it heals it could be fine, just a bad area and something to be careful with. If it heals with the sciatic nerve (meaning the disc deflates and the nerve is caught), then you will always have flare-ups and its painful. The pain is usually in the hip area and can go down the leg. The further down the leg, the worse it is.
If it is a torn muscle, healing can take a long time, but it will heal.
The MRI should tell you what it is.
As for your job, you shouldn’t be working and you had better get a file going and hopefully someone who will stand up for you. Then you can get workers comp and they will pay the bills and the past bills. You have rights and a good workers comp lawyer will make sure you get them. Consultations are free.
Good Luck
Sounds painful! I have severe back pain and know how it can feel. If your employer did not give you the correct health and safety induction and practice it’s health and safety regulations actively then yes you are entitled to everything you can get!
If he did go through it al with you then maybe sick pay is the best you will get, get well soon.
He is required by law to give you breaks but not more than any one else. He is not required to give you time off. If the MRI shows an injury you should file for workmans comp. But I would have to say the employer is going to fight this. Proving a back injury happened at work over time will be difficult.
Employers are NOT “required by law” to provide breaks beyone a
statutory lunch period. “Rest” breaks are not mandatory. You should
definately be filing a claim for WC benefits. If you and/or your Dr
feel this injury is due to your job, then it should be filed and
investigated by the employers WC carrier. Why are to looking for
your employer to “care” or not want you to “make money for him”,
that is what you are there for… to perform your job duties, and
“make money” for the company/employer. That’s what you are paid a
wage to do. If your Dr feels you cannot perform your usual and
customary job duties, you should be placed on TTD/temporary total
disability, and paid WC wage replacement benefits. If you would
provide your STATE, as WC laws are state specific, you would no
doubt receive answers that are relevant to your situation. FILE THE
CLAIM.
Bit more… If you are eligible for FMLA time… you have worked at
least 1250 hours and your employer has 50 employees within 75 mile
radius of your job site, you would be eligible for up to 12
weeks/annum of unpaid leave for a qualifying medical reason. Your
doctor must certify the medical necessity, and your employer then
must comply by authorizing the leave. FMLA provides job protection,
as well as continuing paid employee benefits.
Amazing iPhone yet again