Could I have a case?

[er27j17s]

What is the name of your state (only U.S. law)? Indiana

Back in Aug. of 2011 I had back surgery to repair a bulging disc that was pinching a nerve. After surgery we discovered the disc re-ruptured and I'm facing more surgery as a result of increasing pain.

Now while I had back problems for years, a friend of mine said my job may have aggravated the original injury and I could be entitled to compensation as a result.

My job was a machine set up person. A lot of the dies I had to lift were in the 30 to 50 lbs range. And some were located in very questionable places and difficult to retrieve.

When I returned to work I still had difficulty getting around and walked with a cane (still do). I was sent back to work with no restrictions because at the time we did not know of the re-rupture. As time went I was moved to a job that required a lot of repeated sitting and standing. After my first day of working the job I spent most of the weekend in pain. When I returned to work and expressed my concern about the job they brought up the no restriction and said I could be sent home if I continued to argue. I went back and continued the job as instructed.

Could I have a case on either of these

[cbg]

Any compensation you might be entitled to would be limited to coverage of your medical bills, and only then if a link between your job and the surgery could be proven.

You are free to try to submit a claim through your workers comp carrier and see what they say. It might be wise to consult with a workers comp attorney first, since you've already returned to work. But if your friend, or you, are thinking that you might be entitled to a large payout for damages, he (and you) are mistaken. A settlement when a case is closed, possibly (assuming you are able to make a case for workers comp at all). But you have not won the lawsuit lottery.

Now, as to your restrictions. Have you gone to HR and requested an accomodation under the ADA?

[er27j17s]

Any compensation you might be entitled to would be limited to coverage of your medical bills, and only then if a link between your job and the surgery could be proven.

You are free to try to submit a claim through your workers comp carrier and see what they say. It might be wise to consult with a workers comp attorney first, since you've already returned to work. But if your friend, or you, are thinking that you might be entitled to a large payout for damages, he (and you) are mistaken. A settlement when a case is closed, possibly (assuming you are able to make a case for workers comp at all). But you have not won the lawsuit lottery.

Now, as to your restrictions. Have you gone to HR and requested an accomodation under the ADA?

I didn't think I had a claim but since my friend brought it up I thought it was worth questioning

I wasn't made aware I could have made a request.
I'm currently on medical leave till I see my surgeon because of the pain I'm in. Time off was requested by my pain management doctor.

[Adam G]

I agree with CBG that you didnt win the lawsuit lottery but I dont buy that your damages are limited to payment of medical bills. Find a worker's comp attorney and run the fact pattern by him/her.

[las365]

Generally an aggravation of a pre-existing condition can be a compensable injury under workers comp coverage, but:

I was sent back to work with no restrictions because at the time we did not know of the re-rupture.

Are your medical providers saying that the re-rupture occurred BEFORE you returned to work? If so, what diagnostic testing are they relying on for that timeline?

It seems to me that if your doctors say your re-injury occurred before you went back to work then the workers comp carrier would probably have a strong argument that working didn't cause the current problem.

[er27j17s]

Generally an aggravation of a pre-existing condition can be a compensable injury under workers comp coverage, but:

Are your medical providers saying that the re-rupture occurred BEFORE you returned to work? If so, what diagnostic testing are they relying on for that timeline?

It seems to me that if your doctors say your re-injury occurred before you went back to work then the workers comp carrier would probably have a strong argument that working didn't cause the current problem.

The re-rupture was before returning to work. But as the work continued so did the increase in pain.

[OHRoadwarrior]

If you went to work, with a ruptured disk, the injury was not caused by your job. If your condition is aggravated by work, you should have called off sick. According to your logic, I could sue my employer for WC for every day I have worked in the past 24 years.

[las365]

If diagnostic testing was done before you returned to work that showed a ruptured disc in your back, and your doctor returned you to work without restrictions at a job that regularly requires you to lift 30-50 pound dies in awkward positions, I'm thinking it isn't the employer who is at fault (if any fault exists).

I am not advocating a medical malpractice case. Surgeries fail. Things happen. And there may not be a way to see how much worse your condition is, if at all, because of the work you did during that time period. But an apparent failure to look at your diagnostic test results and a release to return to work without restrictions under the circumstances you describe seems questionable.

[Willlyjo]

If diagnostic testing was done before you returned to work that showed a ruptured disc in your back, and your doctor returned you to work without restrictions at a job that regularly requires you to lift 30-50 pound dies in awkward positions, I'm thinking it isn't the employer who is at fault (if any fault exists).

I am not advocating a medical malpractice case. Surgeries fail. Things happen. And there may not be a way to see how much worse your condition is, if at all, because of the work you did during that time period. But an apparent failure to look at your diagnostic test results and a release to return to work without restrictions under the circumstances you describe seems questionable.

Just off the top of my head, I'm assuming Workers Compensation in Indiana is a "NO FAULT" insurance for injured workers as it is in California. If so, even if the doctor made a mistake in sending the OP back to work without restrictions, the OP can still file a claim based on the fact such work exacerbated his injury.

I'm curious as to why the OP had a bulging disk in the first place. It may very well be that his work caused it. If there are no other reasons as to why the OP developed a bulge in his disk, he may very well be able to file a claim saying all his problems are work-related since it has been less than a year since his surgery. Also, since it is a continuous trauma type of injury, the OP can go back at least a year (maybe more) before his surgery to document his work habits as far as lifting. He should definitely consult a lawyer and protect his rights regarding this injury.