workers comp or disability

[harpisat]

What is the name of your state? california. I have been off work on state disability for almost 6 months. I have been to numerous doctors before they found out what was wrong.The specialist said that what was wrong with me could be caused from repetitive work like I do and have done for the last 22 years.I just found that out in the last of May and then I had surgery and I just had another one. Is it too late to file it as workers comp? At the time I thought it was disability and then when I found out it could be work I was afraid I would get fired for filing workers comp. so I haven't done anything. did i mess things up?

 

[Beth3]

There is nothing to prevent you from contacting the employer and telling them you believe your medical condition is as a result of work and that you want to file a WC claim. Whether liability will be accepted is a complete unknown.

The causal relationship between your injury and work seems weak (the doctor said it "might" be caused by work, which is hardly conclusive) plus it appears that over a year has passed since you first had surgery. It doesn't look promising but it's up to you.

 

[harpisat]

I just had surgery on May 12th for the right side and June 20th for the left side. I have Thoracic Outlet Syndrome which is caused by repetitive motion. I work in a grocery store and have since I was 16, which is 24 years. I am constantly bending, pushing or pulling. Carrying heavy loads and alot of work above my head. Thoracic Outlet Syndrome is like carpal tunnel of the upper extremities. The company I work for really frowns on Workwers comp, so I have been afraid to file it as such. I went to 5 different specialist until this one found out what was wrong and he did say it was caused by repetitve motion from industry. I was already on disability from the very first doctor I went to that had no clue what was wrong with me. So this doctor that did my surgery just extended my disability. I guess I didn't really go into detial on the last one. I have been off since January 26, but they didn't know what was wrong until May 10. Please reply. Thanks

 

[Beth3]

I'm somewhat familiar with Thoracic Outlet Syndrome and know that it can be caused by repetitive motion.

You have two choices: either reported it to the employer as suspected Worker's Comp in which case they will file a report of injury with their carrier who will obtain your medical and surgical reports and make a determination as to liability, or don't. It's up to you. I cannot advise you what the outcome of the WC claim will be