Work Related Injury - Georgia

[nitto85]

Back Injury - Georgia Employer is Forcing Me to Go Back to Full Duty

This is for a Georgia Workers Comp Claim.

Hello, my back was injured at work July 2013, injury was reported the day of, but the claim was filed on the 3rd day after injury.
Initial diagnosis was a "strain", I attended all required follow-up and physical therapy visits. I was not getting any better so I pleaded with the Doctor to send me for a MRI.

If I recall correctly, in Oct. 2013 they sent me for a MRI and found out that it was a bulging disc. I attended all Orthopedic Dr appointments, and had two separate Corticosteroid spinal injection procedures performed.

After the second injection procedure, around April 2014 they sent me for FCE (functional capacity evaluation), to determine my lifting capabilities. I recall the physical therapist that performed the FCE telling me that I did not need to go back to full duty, and that my max lifting capacity was going to be 70lbs. I also was legally labeled/classified as being 5% disabled, and received a check in the mail.

This week my employer told me that I was no longer covered by the workers comp claim, and that I needed to return to full duty. I called my WC adjuster and she stated that the FCE said that my max lifting capacity was 70lbs, but since I was not required to lift 70lbs at my job that they did not put it down as a permanent work restriction. I advised her that was incorrect and that in our employment handbook it states 100lbs, and that we are often asked to go above that. She said that she would call me back, 3 days later and I have not heard back from her.

I work in a plumbing supply warehouse where we are asked to move anything from small fittings, to large industrial steel fittings, and 600lb-700lb+ refrigerators by hand. I am afraid that I might get injured again, but my employer is telling me that if my 70lb lifting limit is enforced, I may not have a job. While I feel like the WC insurer will tell me that I knew what my limit was and that it is my fault.

What are my rights? There have not been any issues at work with what I have done until this week, and now they're riding my case every day, they have made it very clear that if I do not start to full duty I probably will not have a job.

Thank you

 

[quincy]

This is for a Georgia Workers Comp Claim.

Hello, my back was injured at work July 2013, injury was reported the day of, but the claim was filed on the 3rd day after injury.
Initial diagnosis was a "strain", I attended all required follow-up and physical therapy visits. I was not getting any better so I pleaded with the Doctor to send me for a MRI.

If I recall correctly, in Oct. 2013 they sent me for a MRI and found out that it was a bulging disc. I attended all Orthopedic Dr appointments, and had two separate Corticosteroid spinal injection procedures performed.

After the second injection procedure, around April 2014 they sent me for FCE (functional capacity evaluation), to determine my lifting capabilities. I recall the physical therapist that performed the FCE telling me that I did not need to go back to full duty, and that my max lifting capacity was going to be 70lbs. I also was legally labeled/classified as being 5% disabled, and received a check in the mail.

This week my employer told me that I was no longer covered by the workers comp claim, and that I needed to return to full duty. I called my WC adjuster and she stated that the FCE said that my max lifting capacity was 70 lbs, but since I was not required to lift 70 lbs at my job that they did not put it down as a permanent work restriction. I advised her that was incorrect and that in our employment handbook it states 100 lbs, and that we are often asked to go above that. She said she would call be back, 3 days later and I have not heard back from her.

I work in a plumbing supply warehouse where we are asked to move anything from small fittings, to large industrial steel fittings, and 600lb-700lb+ refrigerators by hand. I am afraid that I might get injured again, but my employer is telling me that if my 70lb lifting limit is enforced, I may not have a job. While I feel like the WC insurer will tell me that I knew what my limit was and that it is my fault.

What are my rights? There have not been any issues at work with what I have done until this week, and now they're riding my case every day, they have made it very clear that if I do not start to full duty I probably will not have a job.

Thank you

Because this is a holiday weekend, and many did not have to work on Good Friday, expecting to receive a call back in 3 days might have been expecting too much.

You can wait a little longer for your WC adjuster to call you, or you can call your WC adjuster on Monday to see what is going on.

 

[cbg]

This is not clear from your post. Have you been off work since July of 2013?

 

[commentator]

From what is being said, I was guess he was back at work on light duty this last year. OP, is this correct?
When is the last time you had medical treatment for your back?

In Georgia, there's a one year limit. Once you have gone a year since your last medical treatment for this condition, the claim is closed. I agree that the reason the worker's comp person isn't getting back with you is that you've caught them on a holiday weekend, and they were probably off on Friday.

Seventy pounds is a lot of weight. If you are required to dead lift 100 pounds, that's one thing. Being required to use pallets and dollies and move heavy things is quite another. I suspect any place that has this much lifting involved in the work will have very specific means to lift safely and trainings regarding how to do it.

I'm afraid it's going to be a no restrictions or nothing situation for you, they'll want you to quit, of course, may not outright fire you. But wait and talk to the caseworker for worker's comp on Monday or Tuesday about this. Riding your case is another way to try to get you to quit the job. They don't want you there with another problem soon. That's their interest. How about looking for other jobs that do not require lifting? Even within the company, is it possible to apply for other things?

 

[nitto85]

I worked the entire time, even when I could barely walk and the days when I had Dr./PT appointments, with exception of vacation days I took to rest or to recover from the corticosteroid injections. I've been employed at this job for almost 9 years, and I have never called out or used a sick day. I have been on light duty since the injury, I think the limit was initially 30lbs - 40lbs, and then eventually increased to 70lbs.

The dates are a bit fuzzy, but I believe my last corticosteroid injections were last February, with a follow up with the performing Dr around March, and a FCE (functional capacity evaluation) last April.
During the short conversation Thursday morning, the WC adjuster told me that my claim had been closed, and that I should be "thankful that my employer is just now making me go back to full duty".

If I remember correctly, the PT that did the FCE told me that the 70lb limit was for waist level, and I think it was 40lb or 50lb from floor, and 40lb or 50lb above the head, he also said that "doesn't mean you should be lifting it 40 times a day", and that "I should not go back to full duty".

I was talked down to and pressured all week, with it coming to a climax friday where in one conversation I was told, "a woman can do your job", "you must have a phobia of getting hurt", "if you can't move the material, we'll get someone who can" and "don't throw your career away over this".

Admittedly, I am not the most educated, and I fear that if I am let go, I will lose everything that I have worked so hard for. The stress of this whole situation has been almost too much for me honestly, I almost had a break down yesterday, and I've always been a very mentally strong person. Even my co-workers are coming to me telling me that they don't understand why this is happening, and that I should stay in the role that I am in because I am very good at it.

Also there isn't really any openings at the moment for any sort of office work, ideally I would be most cut out for a supportive operations role given my experience, but all those positions are locked down and from what I understand, are highly sought after.