Okay, for the first time ever I had to make a worker's comp claim today. I've been working for my employer since March and I am just a per diem employee so I have NO benefits. I do cardiac ultrasound and after scanning a patient last Thursday I experienced right shoulder pain. I told my boss about it that same day. I figured it would get better, well it didn't. I went to work Friday against my better judgement and told my supervisor I should go to employee health and get it looked at. We were busy and I never got around to it. In fact, I tried to leave 30 minutes early Friday because I felt I couldn't physically scan another patient. Well, my boss insisted I stay anyway. Well, I have been a very dedicated and hard working employee. In May I was really sick and went to work anyway because NO ONE ELSE would go in and there were tons of patients to do. Then I went in this past Friday when I probably shouldn't have. SO, today I went to employee health on my scheduled day off because I am still in pain and after 5 days couldn't take it anymore. I was sent to the doctor and was found to have a bone spur in my shoulder that is causing pain and inflamation. So, the doctor says limited work of 4 hours per day, physical therapy, and no work that requires reaching with my right arm. Well that basically means I can't work. SO I go back to employee health and they call my supervisor. SHe says if those are my limitations she can't use me. SO I am put on the phone with her and she says "You won't be able to work for 2 weeks, is that what you WANT?" HUH????? I didn't ask to suffer in pain. I couldn't do a damn thing all weekend because of this. We had another PRN technician cut his scanning hand a couple of months ago and they worked with him and allowed him to come in and work. So, how come I can't come in and do SOMETHING at work so I don't lose my paycheck. I'm a single mom and can't afford to go without a check for 2 weeks right now. The laws say they don't have to pay until I've missed 7 or 14 days. I didn't totally understand because I was SO ANGRY with my boss. I've gone out of my way to come in and work WHENEVER they have needed me to. Now I have one problem and can't work for a while and they hang me out to dry basically. I wanted to vent, NEEDED to vent. How is this fair? They can adapt for other employees, but not me??? ANyone ever have to go through worker's comp? Anyone had any dealings with this stuff?

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I feel your pain! I was a temp worker 10 years ago and I got carpal tunnell something awful in my right wrist. I was not ergonomically correct at all because they wouldn't spend money on a temp (even though my contract was for 2 years). Anyway, no beanies here either. I had to go PT (which temp company paid for) BUT I was told I couldn't type or use my wrist for 4 weeks. So, I told my boss and they said if I didn't work, they would lay me off and get a new temp I had no choice. I used my own money to buy more ergo equip. so I could work without huge amounts of pain. I took lots of breaks but I got my work done. I STILL have problems with it

Good luck...I think it sucks that companies can give you work to cause you injury and then you are screwed because you can't work

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How exactly do you believe your job caused a bone spur in 6 months?

I don't believe the job caused the bone spur. I've been reading online and with the TYPE of work I've been doing for 15 years is where this came from. The bone spur rubs against the tendons causing pain. This is a result of doing this TYPE of work for so long now. It just happened to present a problem NOW! The site I checked out said the bone spur is a result of pressure placed on the joint for long periods of time. They said baseball players get this too. It is a result of all the years of putting pressure on these joints. Just like carpel tunnel. You can get that at ANYTIME from YEARS of using your wrists this way. If I'd been typing for 6 months and developed carpel tunnel, it wouldn't have just happened in 6 months it would have happened over the YEARS!

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I just talked to my DD, she works for an attorney that does workman's comp & criminal cases. She said workmans comp is state regulated, here in OK you only have to be off work 3 days before you start getting paid. She suggested that you get an attorney, because without further tests there could be something more wrong with your shoulder than just a bone spur. She also said they should have let you go to the dr. when you requested the first time. Make sure there is an incident report made. This is only my opinion: The fact that they are sending you to physical therapy seems to mean that it is going to take longer than 2 weeks to recover from, sometimes it takes more than 2 weeks to get an appointmet. Plus it may only help minimally.

I am a Work Comp Adjuster.
Let me say you have a few serious issues:
1) Have you actually filed a claim? have your filled a First Report of Injury? You can download the form from here: Welcome to the Industrial Commission of Arizona
2) When you were hired, were you guaranteed a certain number of hours per week/month/pay period?
If so, then you may be eligible for lost time wages. If you were guaranteed or hired for a specific number of hours then the employer should do the best to accomodate the restrictions. If they can't then you should be eligible for lost time wages up to the guaranteed amount.
If however you are a true per diem employee you may not be eligible for anything. Also, are your per diem or a contract employee.
From what I can find you will need to be off work for 7 calendar days before you can collect any off work benefits
3)A bone spur is not an injury. You did not incur an actual injury. This will be VERY important to know in pursuing this claim. The adjuster that handles your claim is going to deny you claim as an accident/injury (I would). Bone spurs take a while to develop (weeks to months). This did not just happen. Look at Occupational Disease. Trust me, this will be a VERY important point you need to look at! You may have first really noticed the pain on Friday--but if the bone spur is the cause of your pain it will be important that the Dr. treating you relates your job duties as the proximate cause of your condition on a more medically probable than not basis.
4) Be prepared to give a recorded statement to the Adjuster, be prepared to have to submit to an IME (Independent Medical Exam) by a physician you may not know, like or respect (from what I understand on reading the Arizona Work Comp "stuff" it can be scheduled for you by your company).

You have a right to file a claim. No one can stop you! Does your boss have a boss? Go to Personnel, Go up the food chain so to speak, but file a claim!
I do not know Arizone Work Comp at all. So, some of my statements may be off the mark. Contact the Arizona Industrial Commission of the Arizone State Fund. You should find resources there or speak with someone who can better answer your questions.
Based on the state rules/regs where I work and live, you would not be eligible for any lost time wages unless you are guaranteed a specific amount of hours when hired. And then, you would only be eligible for lost time wages up to the hours you were guaranteed.
I willl try to answer any questions you have, or at least help you find someone who can answer them!

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Thanks so much for the info. I will check it out extensively tomorrow. As I said, I've never been through this before so I have no idea what to do. I complained about the pain on Thursday. I work for the actual hospital as an employee, not contract. I work EVERY WEEK. Usually a minimum of 20 hours and up to 40 sometimes. I have a schedule through the middle of September of when I am supposed to work. So I know how many hours I was supposed to be working. My boss stated she can't use me, even though she has used other injured employees. This seems really strange to me as another employee was also on the same status as me, only his was not a worker's comp issue. His was an injury at home. They told me I wasn't eligible for the first 7 days so apparently that information is correct. I will definately check out the occupational diseases. My job typically comes with many injuries acquired from the type of work we do. Bursitis is one of them which is similar to what I have. THe Dr. tried to tell me it could be from a previous shoulder injury (which I have NEVER had) or from age. (I'm only 39). I believe this is from the YEARS I've spent doing this kind of work. I'm unable to do hardly anything, even at home. I'm a single mom and can't afford stuff like this.

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I looked up the occupational diseases by googling ultrasound occupational diseases. I hit the motherload. 84% of people who do what I do sustain injuries from their occupation. 20% of them are career ending. I try to be careful and fear running into that type of problem. I tried to limit my patients on Friday when I was in pain to 5 patients and was required to do 1 more. In an 8 hour shift I do about 5 or 6 patients on a regular basis. I'm just upset at my boss's response. I have gone into work before with asthmatic bronchitis because NO ONE ELSE would come in. Now I see how much that matters. I've come in when other people are out sick and come in when they need help. Now that I need their help, no one is there for me. Maybe I shouldn't be coming in and covering so much and maybe I wouldn't have this shoulder problem now. ANyway, thanks for listening. I should find out more tomorrow. Employee health was going to try to find some other work for me to do somewhere in the hospital temporarily.

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I don't see how a bone spur is getting hurt on the job. Am I missing something? Isn't workers comp for when a person gets hurt while working on a job?

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I can't really speak to your situation itself but the first thing I would do is quit talking to your boss and go through your benefits office. They will know what your rights are as far as weather they have to provide light duty or a reduction in your work load. Supervisors giving incorrect information regarding workers comp, fmla and ada have gotten more companies sued than can be believed. HTH

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What about a person who works for the same company for years? My friend has worked for Giant food stores for years lifting all kinds of things. Now that he is 54 he is having all kinds of back pain. Is that workman compensation.

I am in a similar situation but my problem is not work related so no workmans Comp.

I have a subluxing patallae ( my knee cap dislocates when I move it) My Dr. has told me no work at all. I am to stay home and keep my leg up and only go to therapy. I have a Dr.s note that states I am to be out of work for a specific time. Which is a few weeks. My work allowed me one week off and told me I had to come back, they need me. I am braced and I can barely walk and do they care nope! They just keep telling me they will accomodate me and let me keep my leg up while I work. BS they will I end up running all over the office all day.

I am kind of stuck in a catch 22 because I would take the time off with no pay knowing that this isn't a work related injury but they wont allow me too. If I quit I am not eligiable for benefits so they need to fire me while I am still on the Dr.s note but they wont do that. I can't go get another job at this point because who the heck is going to want someone braced all up their leg and in holding for surgery. I couldn't give them a accurate start date if I wanted too.

It is so bad they have encouraged me to take pain meds while I work because I look a little pale from the pain. ( I have percocet and they know this) I won't take that kind of med while I work and then have to drive sorry thanks I'll just suffer.

Anyways didn't want to hijack your thread just wanted you to know that someone out there is in a similar situation.

If you have it, you should look into wage recovery via your short term disability (STD) and long term disability (LTD) coverage. I believe that these providers may help to determine whether to pursue compensation through workman's comp (but not 100% sure) And with anything work related, document, document, document.

cj/

Most states recognize two different kind of WC claims: an Injury--you fell, cut your hand, needed stitches. A specific event at a specific time. And Occupational Disease (OD)--no specific incident, occurring over time (carpal tunnel is an OD usually, although I have seen cases of traumatically induced CTS)
Possibly. It depends on what is wrong w/ his back. It could fall under an occupational disease. I have seen Back claims that were classified as OD. It's not typical but it is certainly possible.

OP already stated that she had no bennies from this employer. So unless she has invested in a personal STD/LTD policy, I doubt she has it.

TO KEOWA:
Are you eligible for FMLA? You need to talk to your personnel dept. While an employer does not HAVE to accomodate restrictions for a non-work related injury, they do have to abide by FMLA guidelines!

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Oops, sorry, missed that.....but may be relevant to the other cases....

From what I under I do not qualify for FMLA. Where I work is considered seasonal with only 6 year round full time employees. During the summer we go up to about 75 employees. Even though we all qualify for UE benefits because we work more than 16 full weeks a year we do not qualify for other benefits. I work 10 months out of the year with 2 months off so I am not considered full time even though I work full time hours for 10 months if that make sense.