Work Injury During Pregnancy

[tjenel]

What is the name of your state?What is the name of your state? Maryland

In my 5th month of pregnancy, I took a slight fall down some steps at work due to a rug that slipped. Luckily, no harm was done to the baby however, it has left me with a serious knee injury. At first, I did not realize that the injury was that bad as I only heard a small pop and didn't feel much pain, when it occurred. The following morning, my knee had swelled, started locking up and caused a great deal of pain. Upon returning to work that morning I immediately told my supervisor of the injury and filled out paperwork to report the injury. I was sent to Concentra and evaluated by a physician then immediately sent to physical therapy. I was told I could return to work, with light duty and no standing but because of the pregnancy, could not have a complete evaluation such as x-rays or an MRI. Even worse, I would have to deal with the pain, because of the uncertainty of effects caused by pain killers during pregnancy. In hopes that the injury would in time improve, I continued therapy as recommended. However, the injury just seemed to be getting worse and the pain wasn't subsiding. I reported this at a follow up appointment with a Concentra physician and was taken off of work and referred to an orthopedist. The orthopedist looked at my knee and there was noticeable swelling and limited movement. It was determined that I have a possible meniscus injury, but again no true determination can be made until after delivery. It was explained to me that because of hormonal changes during pregnancy, an injury could in fact be exacerbated due to laxed joints and muscles. The orthopedist recommended a steroid shot (which really hurt!!!) and continued, limited physical therapy but only enough to prevent atrophy. I have followed every recommendation to date. I have filed a claim with Worker's Comp and Injured Worker's Insurance Fund. Honestly, it has been so difficult to deal with these people. It was requested that I see an IME by IWIF and he made the same determination that the other orthopedist had. I could not be properly treated until after delivery. It seems that things just keep getting worse. There are many complexities to this case and I am hoping that someone will be able to point me in the right direction. I feel I am being treated so unfairly, despite my continued cooperation and patience. Below is a list of scenarios that apply...

-My employer is refusing to pay their portion of my health benefits, stating that the injury was not sustained during the actual performance of my job.

-I have been written up on false pretenses, stating that I failed to report my absence.

-I have been denied leave bank (for maternity), that I contributed
to ...because of this write up.

-I have not received a check from IWIF in a month and a half although the report from the IME has been submitted. IWIF is requesting another report asking "Had this injury not occurred during pregnancy, would I in fact be able to work with such an injury?" Why does this matter? The fact that I am pregnant is whole reason I can't be treated.

-I have suffered a great deal of emotion and physical pain and physical limitations, which have had great repercussions in my personal life...I cannot enjoy my pregnancy due to even more pain and discomforts. (than usually caused by pregnancy) Financial worries and stress have made my relationship with my husband suffer, including intimacy. I cannot drive, which has left me isolated, with no family or friends nearby. I have to depend on someone else or a cab to get to appointments. I need to have non-stress test weekly because of pregnancy complications, possibly attributed to additional stress from this injury. I have gained additional weight because of physical limitations which is affecting my self esteem. I have had to fight the "nesting instinct" which has been considerably difficult.

All of the following has contribute to depression, compounded by pregnancy...can Worker's Compensation be held liable for these things?

I realize that this is a lot to read, and I appreciate any feedback or advice greatly. I hope that someone will be able to help me.

Thanks for listening.
Injured Prego

 

[rmet4nzkx]

There are a lot of issues, here including employment/workers comp/personal injury law.
I suggest you get a workers comp attorney, you were injured on the job they are responsibile and since the IME also agreed, you may need to appeal. It is not unusual to not report the injury immediatly, you did so with 24 hours that is good, of course they are looking for ways to not pay you and for the statute of limitations to run.

Are you eligible for FMLA?

You may also have a PI case for slip and fall so see a PI atty before the statute of limitations runs out.

How far along are you now? Has your OB said it is still too dangerous to do diagnostic studies? By the 5th month there should be no damage, you didn't say what your other problems were?

 

[tjenel]

I am almost 37 weeks. Yes, I did report the injury within 24 hours. I am not eligible for FMLA, as I have only been employed with this agency since February. My OB has approved diagnostic studies at this point, but because of the hormonal changes, is afraid that the diagnosis will be inaccurate or incomplete at this time. Can you have a Worker's Comp case and a PI case with the same injury? Do you know the statute of limitations timeframe for the state of Maryland? The other problems are listed. Thanks for your reply!!

Injured Prego

 

[enjay]

. Can you have a Worker's Comp case and a PI case with the same injury?

No. Workman's comp is your only recourse.

 

[rmet4nzkx]

Yes you can have both a civil/PI, slip and fall and worker's comp case from the same incident, depending on the situation, such as is the building rented, whois responsible for maintaining the building?

Too bad you are not covered by FMLA, if you hadn't had the injury you would be eligible for FMLA.

@37 weeks you are essentially full term hormonal changes or not, it may still be a good idea to know what you are dealing with, they are already contesting it but you will need to conuslt an attorney/s

Are they looking at inducing at all, any problems with pre-eclampsia?

 

[tjenel]

I am employed by the state..Therefore, I believe it is state property. Yes, I have been having contractions, so they are looking into inducing. I am considered borderline pre-eclamptic due to occasional elevated blood pressure, swelling, visual disturbances and protein in my urine (sorry if TMI). Also, have had elevated white blood cell count, with no known infections so it is being attributed to this injury and stress. This injury is causing so many problems!!! Thanks again.