Old Injury

[bksmu]

I'm currently in my early 20's. I worked for a construction company for a little under a year. I was laid off just under 2 years ago. Around the last month of my employment, I developed a certain medical problem. This condition is very rare, and I had no reason to believe it was related to work. However, after seeing 2 doctors and waiting months for the Dr. to research the subject and test different treatment options, I am now suspecting that my condition is being caused by a back injury. I did a lot of heavy lifting at my job, more than I was comfortable doing, but my bosses told me to keep going and stop complaining. I knew I was lifting more than my back would take but I was yelled at if I said my back hurt and I needed to slow down. My back has been bad ever since, I can't lift heavy things, I can't shovel snow, I can't lean over for very long, I can't sit on a bleacher-type benches that have no back. I thought I just had a weak back, but my Dr. recently told me that nerve damage in my lower back is likely the cause of my rare condition. If I just became aware it was in fact an injury, do I have grounds for compensation from my former employer? It has been 2 years since I worked for them...

 

[Philxxxx]

I think you have an impossible mountain to climb with these set of circumstances. And back problems are the worst...sorry

 

[antrc170]

You're not going to have any luck trying to claim something against your former employer for your back issues. Most states have a 30 day window with which to file a workers comp claim. In addition, the employer is not going to be at fault for your genetic inheritance of a nerve problem. Although you may have experienced pain from your job, if you felt that workload was too great then you could have quit. The job may have made the condition worse, but it didn't cause the condition.

 

[justalayman]

. I thought I just had a weak back, but my Dr. recently told me that nerve damage in my lower back is likely the cause of my rare condition. If I just became aware it was in fact an injury, do I have grounds for compensation from my former employer?

nerve damaged cause this rare condition? what is the condition?

 

[bksmu]

It is not a genetic problem with my nerves, it came about because of too much lifting. I spent every day lifting heavy equipment, carrying it around, etc. I was fine until I worked there. The nerve damage was caused by an injury.

 

[justalayman]

so, what is this rare condition?

 

[Zigner]

It is not a genetic problem with my nerves, it came about because of too much lifting. I spent every day lifting heavy equipment, carrying it around, etc. I was fine until I worked there. The nerve damage was caused by an injury.

It was? What injury is that, now that you've had 2 years to think about it?

 

[bksmu]

I would rather not discuss the secondary medical problem, it is very complicated and highly personal. And to answer Zigner's remark, I haven't sat around and thought about it for 2 years. I have been seeing doctors for over a year and a half. Only recently did they diagnose the cause. I did however inform my employer of my back problem the day after it happened. (though I didn't know the degree of the injury at the time). I thought it was only a minor strain from being overworked so I took some days off.

 

[Zigner]

I would rather not discuss the secondary medical problem...

Well then...you've gotten all the help from us you'll get. Feel free to take your records to a local attorney for review. Good day.

 

[bksmu]

@Zigner, I saw you give no help or advice of any kind whatsoever. All you had to offer was a snide remark.

 

[justalayman]

@Zigner, I saw you give no help or advice of any kind whatsoever. All you had to offer was a snide remark.

you can't get help if you don't provide information. With that said, put simply, based on what you have given, you have absolutely no claim against your former employer.

 

[pattytx]

Plus, you didn't give us your state as requested when you started your thread. Without that, we can't tell you exactly how long you had to file your Work Comp claim, but I can pretty much guarantee you that 2 years is WAY outside the SOL in every state. You waited too long.

 

[bksmu]

The SOL on workman's comp claims is 3 years. And I informed my employer the same week it happened, I took 2 days off because of it. So I did inform them and I am within the 3 year period to file a w.c. claim. By the way, I'm from IL, I didn't see anybody ask me what state I was in. And thanks to everybody who tried to help.

 

[justalayman]

nobody needed a state because it still hasn't been established there is a link between your mystery illness and suspected nerve damage from some possible injury that was never diagnosed 2 years ago.

 

[bksmu]

I didn't ask for anyone to diagnose me. My doctor says the symptoms are caused by damage to nerves in my lower back, most likely caused from lifting heavy stuff. And the symptoms started at work while I was lifting heavy equipment all day. I didn't ask if the back injury and the symptoms were related, I know they are, my Dr. says they are. I didn't join this forum to get a medical opinion, why is everyone so concerned with the diagnosis? I was asking about the laws regarding workman's comp, work-related injuries, and the specifics of such laws as they relate to me.