work dragging out my pain.

[InjuredWorker11]

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

I live in Louisiana. i work at a grocery store. I got injured on the job a while back. I failed to tell them until i realized it was serious and lasting. i went on vacation a few days after and starte to notice a lump on my groin. ive had kidney problems in the past so i figured it was some kind of blatter infection or something. stupid to just assume, i know. i realize that was a mistake. i didnt mention that it happened at work when i told 2 of my managers after i realized it was a problem. its a hernia from lifting heavy product. they feel i am just trying to milk the cost of the surgery to repair out of them bc i mentioned i didnt have health insurance (bc my job wont give me benifits til april and other insurance is too expensive) . why else would i talk to them about my testicles?! they both just told me to go to the doctor. i went to the walk in clinic and spent 100 bucks for them just too tell me its a hernia. when i filled out my injury report after the walk in clinic, i filled it out accurately and honestly. i was called the next day by my store manager and met him for a talk. i was told i may lose my job bc i didnt tell them about the pain imidiately and it was hard to believe it happened at work bc the odd cercumstance. but anywho. a few days later, i went back in, took my drug test, and was told id recieve a call that same day.i talked to my store manager about me having a hernia and he was fully aware i had one. he tried to get me to work. my mom called him and told him i was not working due to my pain. it has been 5 days now and no call. i called a couple days ago and my store manager said it was out of his hands and he appologized for trying to get me to work bc he "didnt know i had a hernia". the nerve of some ppl. i know my injury is getting worse and it is definitely hurting more. i can barely walk. should i contact a lawyer? theyre really dragging this out!! im 20 years old and id like to get this over with so i can get in school and get my life on track. help PLEASE!!

 

[Isis1]

I'm still stuck on "my mom called".

You had your MOTHER call for you?


First, you messed up by not reporting your injury the day that it occurred. Welcome to the grown up world. Word of the day is "responsibility".

Second, you should have brought a doctor's form stating your limited work ability.

Now, the employer will need to investigate, and review the information in order to follow protocol.

 

[justalayman]

. why else would i talk to them about my testicles?!

why were you talking to them about your testicles? You did say you have a hernia, on your abdomen, right?



so, a timeline;

start at date of injury. Then how long until you noticed a possible injury, how long before you reported it

my mom called him

how old are you? If mom was calling, I hope you are still a minor.

whoops, I see you are 20. Why is your mom calling for you?


did the doctor tell you to not work?

 

[sandyclaus]

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

I live in Louisiana. i work at a grocery store. I got injured on the job a while back. I failed to tell them until i realized it was serious and lasting. i went on vacation a few days after and starte to notice a lump on my groin. ive had kidney problems in the past so i figured it was some kind of blatter infection or something. stupid to just assume, i know. i realize that was a mistake. i didnt mention that it happened at work when i told 2 of my managers after i realized it was a problem. its a hernia from lifting heavy product. they feel i am just trying to milk the cost of the surgery to repair out of them bc i mentioned i didnt have health insurance (bc my job wont give me benifits til april and other insurance is too expensive) . why else would i talk to them about my testicles?! they both just told me to go to the doctor. i went to the walk in clinic and spent 100 bucks for them just too tell me its a hernia. when i filled out my injury report after the walk in clinic, i filled it out accurately and honestly. i was called the next day by my store manager and met him for a talk. i was told i may lose my job bc i didnt tell them about the pain imidiately and it was hard to believe it happened at work bc the odd cercumstance. but anywho. a few days later, i went back in, took my drug test, and was told id recieve a call that same day.i talked to my store manager about me having a hernia and he was fully aware i had one. he tried to get me to work. my mom called him and told him i was not working due to my pain. it has been 5 days now and no call. i called a couple days ago and my store manager said it was out of his hands and he appologized for trying to get me to work bc he "didnt know i had a hernia". the nerve of some ppl. i know my injury is getting worse and it is definitely hurting more. i can barely walk. should i contact a lawyer? theyre really dragging this out!! im 20 years old and id like to get this over with so i can get in school and get my life on track. help PLEASE!!

Your biggest issue here is that you failed to immediately report the injury while at work. You have no proof that your injury occurred at work - it's entirely possible and plausible that you injured yourself away from work and are claiming that it happened at work. Without such proof, your employer can deny you any kind of benefit, and can justify letting you go because you have been unable to work as scheduled.

If they do go ahead and terminate you, which sounds like a real possibility, your only recourse is to file for unemployment.

 

[Gail in Georgia]

"why were you talking to them about your testicles? You did say you have a hernia, on your abdomen, right?"

If an inguinal hernia, it would be located in the groin area.

Gail

 

[justalayman]

"why were you talking to them about your testicles? You did say you have a hernia, on your abdomen, right?"

If an inguinal hernia, it would be located in the groin area.

Gail

I know what an inguinal hernia is. The only testicular pain I can find directly associated with an inguinal hernia is a referred pain due to the constriction of the nerves associated with the testes where they pass through the inguinal rings.



Isis1:

pain associated with a hernia often has a delayed onset. Quite common.

 

[ajkroy]

By not reporting it timely, he also didn't have to give the required drug test right away, either. Whether the OP uses drugs or not, this may appear to be a calculated risk on the part of the OP, and is certainly something that the WC people have seen before. I have seen many WC cases go south because the patient waited to report until a certain drug was out of his system. On the other hand, I've also seen lots of WC cases where a well-known and oft-used drug (which just happens to have the longest half-life of any of them) has shut down an WC case entirely and left the patient on the hook for all of the medical costs and usually terminated, to boot.

 

[commentator]

This person can file for unemployment insurance as soon as he has not been called in to work and made as much in a week as he'd make in a week of drawing unemployment insurance in the state of Louisiana. However, this is going to sound a lot like he quit the job, with his mom calling and telling the store manager he wasn't able to work, IF the doctor had not also told him not to work. Did he have a doctor's statement at this time telling him not to work from that walk in clinic? If not, then he quit the job. Perhaps due to medical reasons, but it will certainly help if he has a doctor's statement saying he was unable to work at that time. There's nothing to lose by going on and filing, it's not related to any other program or worker's comp, but may not be available to him until he gets better physically.

He still has the right to file a worker's comp claim too, should insist to his manager that he wants to, the Lord knows they've been filed with much less evidence than this, but there will be an investigation and the claim may either be approved or denied. Likely, it'll be denied. Either way, you're still out of work right now. So it would be a good idea to file for unemployment insurance benefits.

As soon as they see there's a medical issue involved, they'll give you a form and require you to get a medical release form stating that you are now able and available to return to work, else there will be no unemployment benefits until you are.

If you're just out of work, and there are no worker's comp benefits coming to you, then you get nothing in those states where there is no state disability program. Live and learn, you behaved with extreme stupidity, and most employers have clauses in their policy manuals that state that failure to report an on the job injury in a timely manner is grounds for termination. Maybe you were just dumb, you're young and you think you're invulnerable and your genuine work related injury would get better on its own, but then again, you may have been waiting to report the injury until the drugs were out of your system, or you may have ruptured yourself moving your girlfriend's furniture or playing volleyball and then tried to stick your employer with it. It will be for them to decide after you file a claim, if you decide to go through that.

Should you contact a lawyer? Probably, if you're determined to go that route, but you should definitely contact a doctor. It's been five days and the pain is getting worse....is not the time to call a lawyer, it's time to seek medical treatment.

 

[justalayman]

.

Should you contact a lawyer? Probably, if you're determined to go that route, but you should definitely contact a doctor. It's been five days and the pain is getting worse....is not the time to call a lawyer, it's time to seek medical treatment.

absolutely agreed.

If you are in recuperation mode (lazing about on the couch) due to the injury, generally the pain is not going to increase unless there is some other problem involved. A hernia causes pain for a couple different reasons but if you are not straining the area, the pain will generally subside or at least reduce until you stress the area again.

If there is not only just continued pain but increasing pain, it could be the sign of an extremely serious complication. If you have a strangulated hernia, this can turn into a life or death injury. The strangulated protrusion can become gangrenous which can result in sepsis which can be deadly. A strangulated or twisted testicle can cause the loss of a testicle as well if it continues, into the gangrene issue.

increased pain is not something you should be ignoring hoping it will go away. It is not typical with a simple hernia when resting.

If you are active and the pain is increasing, well, that's your body's way of saying knock it off and rest. It doesn't mean the other issues aren't a possibility though but the stressing of the area itself can cause increased pain.

 

[Willlyjo]

Your biggest issue here is that you failed to immediately report the injury while at work. You have no proof that your injury occurred at work - it's entirely possible and plausible that you injured yourself away from work and are claiming that it happened at work. Without such proof, your employer can deny you any kind of benefit, and can justify letting you go because you have been unable to work as scheduled.

If they do go ahead and terminate you, which sounds like a real possibility, your only recourse is to file for unemployment.

If the OP's employer terminates him and then denies his claim for Workers Compensaton Benefits, the Op can recover damages. It would be hard to sucessfully deny his claim based on the fact his job requires lots of lifting as his post seems to suggest.

Under the circumstances that his injury is getting worse and he can hardly walk, he can't work! He needs treatment and to be away from work until he recovers. He does need an attorney to help him get his Workers Compensation benefits which include disability payments until he can work again. This can take time so he should file for UI benefits ASAP after termination (if that is the case) when he becomes willing and able to work, which is a requirement of UI benefits.

 

[Willlyjo]

This person can file for unemployment insurance as soon as he has not been called in to work and made as much in a week as he'd make in a week of drawing unemployment insurance in the state of Louisiana. However, this is going to sound a lot like he quit the job, with his mom calling and telling the store manager he wasn't able to work, IF the doctor had not also told him not to work. Did he have a doctor's statement at this time telling him not to work from that walk in clinic? If not, then he quit the job. Perhaps due to medical reasons, but it will certainly help if he has a doctor's statement saying he was unable to work at that time. There's nothing to lose by going on and filing, it's not related to any other program or worker's comp, but may not be available to him until he gets better physically.

He still has the right to file a worker's comp claim too, should insist to his manager that he wants to, the Lord knows they've been filed with much less evidence than this, but there will be an investigation and the claim may either be approved or denied. Likely, it'll be denied. Either way, you're still out of work right now. So it would be a good idea to file for unemployment insurance benefits.

As soon as they see there's a medical issue involved, they'll give you a form and require you to get a medical release form stating that you are now able and available to return to work, else there will be no unemployment benefits until you are.

If you're just out of work, and there are no worker's comp benefits coming to you, then you get nothing in those states where there is no state disability program. Live and learn, you behaved with extreme stupidity, and most employers have clauses in their policy manuals that state that failure to report an on the job injury in a timely manner is grounds for termination. Maybe you were just dumb, you're young and you think you're invulnerable and your genuine work related injury would get better on its own, but then again, you may have been waiting to report the injury until the drugs were out of your system, or you may have ruptured yourself moving your girlfriend's furniture or playing volleyball and then tried to stick your employer with it. It will be for them to decide after you file a claim, if you decide to go through that.

Should you contact a lawyer? Probably, if you're determined to go that route, but you should definitely contact a doctor. It's been five days and the pain is getting worse....is not the time to call a lawyer, it's time to seek medical treatment.

I don't believe the OP failed to report his injury in a timely manner, I believe he didn't become aware of it until symptoms presented itself in a profound manner and that's when the Op realized it was work-related. Based on that, I don't believe his employer can fire him for not reporting his injury in a timely fashion. The employer could be in trouble for firing the OP because he is seeking or files a Workers Comp. Case. They will probably deny the injury as work-related though and that will require the OP to get an attorney to protect his rights.

 

[justalayman]

Willlyjo;3085157]. It would be hard to sucessfully deny his claim based on the fact his job requires lots of lifting as his post seems to suggest.

Oh, so anybody that works where there is heavy lifting is automatically considered to have injured themselves at work simply because of where they work? Wow!!! I wish I knew that years ago when I hurt my back at home. Dang, after all the heavy lifting at work would have allowed me to make a WC claim, and it be upheld, just because I lift heavy stuff at work. Good to know that willy.


OP is going to have a real problem since this:

i didnt mention that it happened at work when i told 2 of my managers after i realized it was a problem.

so, he realized he had a problem, that he thought was from an on the job injury, and when actually speaking to his employer about the injury, failed to even mention he thought it might be due to an on the job injury.

 

[Willlyjo]

Oh, so anybody that works where there is heavy lifting is automatically considered to have injured themselves at work simply because of where they work? Wow!!! I wish I knew that years ago when I hurt my back at home. Dang, after all the heavy lifting at work would have allowed me to make a WC claim, and it be upheld, just because I lift heavy stuff at work. Good to know that willy.


OP is going to have a real problem since this:

so, he realized he had a problem, that he thought was from an on the job injury, and when actually speaking to his employer about the injury, failed to even mention he thought it might be due to an on the job injury.

Your not making any sense (as is the case sometimes)! The difference between you and the Op is that YOU admit you hurt your back at home and therefore never had a case for a work-related injury as a result. The OP has already stated his injury is work-related. Therefore, he has a Workers Comp. Case due to his work-related injury!

I don't see not telling the employer a couple days later than he should have, causing problems. Maybe the OP was weighing the consequences of whether to even seek Workers Comp benefits or not. Maybe he decided it was too big of an issue or too costly NOT to pursue his rights. The bottom line is that it does indeed look like its work-related despite your opinion the OP is lying. And my opinion stands that if he gets fired, he should have a good case against his former employer for terminating him because he filed a Workers Comp. Claim.

 

[justalayman]

Willlyjo;3085258]Your not making any sense (as is the case sometimes)! The difference between you and the Op is that YOU admit you hurt your back at home and therefore never had a case for a work-related injury as a result. The OP has already stated his injury is work-related. Therefore, he has a Workers Comp. Case due to his work-related injury!

whoosh!!!!

wow, what was that flying over your head willy? A bird? a plane? No, it was the explanation that your claim that he worked at a job that included heavy labor was prima facia evidence the injury occurred at work. I was using the situation with me to show how ridiculous your statement was.

I don't see not telling the employer a couple days later than he should have, causing problems

. well, I have seen one day make a difference and it wasn't a couple days.

.

i went on vacation a few days and starte to notice a lump on my groin... ... i didnt mention that it happened at work when i told 2 of my managers after i realized it was a problem.

so, we have the date of the injury. Left for vacation for a few days, returned to work and then spoke to the managers about it but did not state it happened at work. So, that is at least 4 days if he was injured the day before he went on vacation, was on vacation for 2 days, and at least one day after he returned presuming he spoke with the bosses about it the first day he returned.


.

The bottom line is that it does indeed look like its work-related despite your opinion the OP is lying

. or it happened on vacation or something else. The problem is that he did not notify the employer when it happened or when he first suspected he was injured so now, he has no proof it happened at work.

And my opinion stands that if he gets fired, he should have a good case against his former employer for terminating him because he filed a Workers Comp. Claim.

because he filed a claim or because he is not capable of performing the work and does not have FMLA protection?

 

[commentator]

Okay fellas... anyhow, two points I want to make. The employer has to allow him to file a WC claim if he requests to do so. Granted, he may not be capable of doing this on his own if his Mom isn't an expert on it. And it will be a tricky to prove, at the very best, even if the guy was loading concrete blocks on a high truck bed as his job description, because of his failure to report it and his coyness about mentioning it even after the long haul. If his vacation consisted of a trip to the beach where a lot of volleyball was played and somebody jumped out a four story window......that much trickier. But he has the right to file if he requests to do so.

Second, even if he's not able, available and actively ready to seek other work, he should file for the unemployment benefits as soon as he has been off work for more than a week. The reason for this is that unemployment insurance benefits are calculated at the time you file. They are generally based on the first four of the last five completed quarters of work you have done, about the last eighteen months of work. They do not begin accumulating when you begin work like Social security credits, they are on a revolving quarter system which changes each time the quarter changes.

If you have a health issue and you're out of work for six months, and then when you are released by your doctor to return to work, you file that initial claim for benefits, you've already got some blank space in your work quarters. If your time off drags on for nine or ten months, you may not even be eligible when you file, you may not have enough quarters of covered work. Time spent on WC or sick leave or private disability, anything like this does not count.

So when hurt on the job or off the job, either way, when you 're unable to work for medical reasons, and your employer indicates they're going to fire you, ( in this case, there's no FMLA time anyhow) file for unemployment benefits and set up that claim immediately. Then when you are released by your doctor, if it turns out you've officially been terminated by your employer, you will have a full-as-possible claim sitting in place. That claim is good to begin anytime for a year from the time of filing.

You do not even have to be terminated to file a claim. If you are on FMLA, not terminated, and you're off work for a while and you even suspect that you won't be able to come back to work after FMLA is exhausted and that your employer might terminate you, you can still file the claim.

Tell the unemployment system that you are doing this, filing the claim to "lock in the wages." Sometimes an inexperienced claims taker will argue this with you, will say you shouldn't file the claim until you are ready to draw it, but you have the legal right to do it, and it is the best idea.