workplace Negligence could have made wifes injury worse?

[slreno]

What is the name of your state (only U.S. law)? ohio
we are wanting to know if my wife possible has a case against workplace. she was employed by a temp agency and was working for a company for them. she was there for over 2 years with a solid work record. she was lifting 50 lb bag of seeds to dump into bagging machine. while doing this she felt a snap in her shoulder area and sever pain and stopped and reported it to the company supervisor. the supervisor took her statement and wrote the report and gave her bengay and put her rite back on the job within 10 minutes. they let her go a few days later, (of course it was because she injured herself). but anyway. a few weeks later the injury was getting worse and worse as time went by. she went to doctor and had mri and was told she had a full rotator cuff tear and we reported it to workers comp. workers comp approved her because of the report being taken and concluded it was a valid injury and the employer was told about injury. she has had 2 surgeries and her arm is only going to get to 50% of what it was before the injury. she was told this by her doctor and the workers comp doctor.

would you think my wife would have a case against the company for neglect for not IMMEDIATELY taking her off job and sending her to a clinic or emergency room. this could have been as simple as a sprain at first but since she was immediately put back on job it could have went from a sprain to a full tear which has caused her a permanent 50% loss of arm.

thanks for any advice.

 

[swalsh411]

Has a physician told you that her injury was exacerbated by returning to work right away? Or is this your lay opinion on what happened?

Did she asked to be examined right away? If not, why not?

 

[slreno]

yes he told her that it could have been completely torn instead of just a sprain by returning to work immediately.. she didnt want to lose her job. they told her to get back on the job and gave her a rub like ben-gay. she assumed they knew what they where doing. and didnt want to jeopardize her job.

 

[LdiJ]

What is the name of your state (only U.S. law)? ohio
we are wanting to know if my wife possible has a case against workplace. she was employed by a temp agency and was working for a company for them. she was there for over 2 years with a solid work record. she was lifting 50 lb bag of seeds to dump into bagging machine. while doing this she felt a snap in her shoulder area and sever pain and stopped and reported it to the company supervisor. the supervisor took her statement and wrote the report and gave her bengay and put her rite back on the job within 10 minutes. they let her go a few days later, (of course it was because she injured herself). but anyway. a few weeks later the injury was getting worse and worse as time went by. she went to doctor and had mri and was told she had a full rotator cuff tear and we reported it to workers comp. workers comp approved her because of the report being taken and concluded it was a valid injury and the employer was told about injury. she has had 2 surgeries and her arm is only going to get to 50% of what it was before the injury. she was told this by her doctor and the workers comp doctor.

would you think my wife would have a case against the company for neglect for not IMMEDIATELY taking her off job and sending her to a clinic or emergency room. this could have been as simple as a sprain at first but since she was immediately put back on job it could have went from a sprain to a full tear which has caused her a permanent 50% loss of arm.

thanks for any advice.

She may end up with a pretty hefty settlement from worker's comp. I would wait and see what happens there first.

 

[CSO286]

What is the name of your state (only U.S. law)? ohio
we are wanting to know if my wife possible has a case against workplace. she was employed by a temp agency and was working for a company for them. she was there for over 2 years with a solid work record. she was lifting 50 lb bag of seeds to dump into bagging machine. while doing this she felt a snap in her shoulder area and sever pain and stopped and reported it to the company supervisor. the supervisor took her statement and wrote the report and gave her bengay and put her rite back on the job within 10 minutes. they let her go a few days later, (of course it was because she injured herself). but anyway. a few weeks later the injury was getting worse and worse as time went by. she went to doctor and had mri and was told she had a full rotator cuff tear and we reported it to workers comp. workers comp approved her because of the report being taken and concluded it was a valid injury and the employer was told about injury. she has had 2 surgeries and her arm is only going to get to 50% of what it was before the injury. she was told this by her doctor and the workers comp doctor.

would you think my wife would have a case against the company for neglect for not IMMEDIATELY taking her off job and sending her to a clinic or emergency room. this could have been as simple as a sprain at first but since she was immediately put back on job it could have went from a sprain to a full tear which has caused her a permanent 50% loss of arm.

thanks for any advice.

This is doubtful. It obviously didn't seem severe enough to her to need immediate medical attention at the time of injury. In fact she chose to resume her work duties almost right away. How could the employer be expected to know how severe the injury would end up being?

 

[slreno]

She may end up with a pretty hefty settlement from worker's comp. I would wait and see what happens there first.

we was wondering about that also, wife is getting 300.00 a week from workers comp. at a 50% loss i wonder what kind of settlement she could expect? ballpark, i know this could range widely but just curious. what sucks about that is, its not just work in her future thats going to suffer but some things she done for recreation are done, like cornhole and other things.. we know workers comp shouldnt pay for recreation but thats why we was looking at a case against the employer for not sending her out immediately to have it checked. they could have cause it to be a more perm. serious injury.

 

[slreno]

This is doubtful. It obviously didn't seem severe enough to her to need immediate medical attention at the time of injury. In fact she chose to resume her work duties almost right away. How could the employer be expected to know how severe the injury would end up being?

isnt there some sort of ohio law for the employer to stop the worker immediately and send out for drug test and an injury check up or diagnosis? as i said before wife should have stopped herself but was told by line supervisor as soon as she did she would be let go and sure a crap, soon as she made them write the report and went to doctor she was let go.

 

[CSO286]

isnt there some sort of ohio law for the employer to stop the worker immediately and send out for drug test and an injury check up or diagnosis? as i said before wife should have stopped herself but was told by line supervisor as soon as she did she would be let go and sure a crap, soon as she made them write the report and went to doctor she was let go.

No, there isn't a law requiring drug testing/injury eval in the event of an employee injury.
In fact, and cbg will correct me here if I'm wrong, I don't believe any state has a law requiring employers to do as you've asked.

 

[Ladyback1]

she has had 2 surgeries and her arm is only going to get to 50% of what it was before the injury. she was told this by her doctor and the workers comp doctor.

.

While loss of 50% of an arm is devastating to the claimant, please know that number does not represent the impairment rating will receive.

Most, if not all, states rely on the AMA's Guide to Permanent Impairment. The AMA Guide looks at impairment on a whole body impairment (or whole person impairment, "WPI"). The Guide looks as objective medical findings of the injured body part (loss of mobility, range of motion, etc.) and gives a small percentage for pain. When last I worked the 9th Edition of the Guide was in use, and 1-3% was typical for pain complaints or subjective complaints. And the typical shoulder injury received a 3-7% WPI, w/ the 1-3% added on, so the typical shoulder received a max. 10% WPI.

Based on what I have looked at regarding Ohio Work Comp law, I strongly suggest that your wife retain counsel. Ohio appears to me, to be, an employer friendly state, thus it appears to me, that your wife would be well-served by an attorney well-versed in Work comp.

Below is the OHIOBWC's website:
https://www.ohiobwc.com/worker/brochureware/servicepledge/iwpledge.asp

 

[LdiJ]

No, there isn't a law requiring drug testing/injury eval in the event of an employee injury.
In fact, and cbg will correct me here if I'm wrong, I don't believe any state has a law requiring employers to do as you've asked.

In my state if the employer does not immediately inform worker's comp of an injury to an employee there can be bad consequences.

 

[CSO286]

In my state if the employer does not immediately inform worker's comp of an injury to an employee there can be bad consequences.

There is a difference between a first report of injury and a mandatory drug test and medical eval.

 

[slreno]

There is a difference between a first report of injury and a mandatory drug test and medical eval.

well the employer never done any of these. nothing, nada, zip.

 

[cbg]

I'm not where I can check Ohio laws at the moment - I can do so tonight.

The number of states where there is NO requirement to stop work immediately and send the employee for a drug test is far greater than the number of states which do. I don't know off the top of my head if any states require that, or specifically if OH does, but if any state does, it's in the minority.

I'll check when I get home.

 

[CSO286]

What is the name of your state (only U.S. law)? ohio
we are wanting to know if my wife possible has a case against workplace. she was employed by a temp agency and was working for a company for them. she was there for over 2 years with a solid work record. she was lifting 50 lb bag of seeds to dump into bagging machine. while doing this she felt a snap in her shoulder area and sever pain and stopped and reported it to the company supervisor. the supervisor took her statement and wrote the report and gave her bengay and put her rite back on the job within 10 minutes. they let her go a few days later, (of course it was because she injured herself). but anyway. a few weeks later the injury was getting worse and worse as time went by. she went to doctor and had mri and was told she had a full rotator cuff tear and we reported it to workers comp. workers comp approved her because of the report being taken and concluded it was a valid injury and the employer was told about injury. she has had 2 surgeries and her arm is only going to get to 50% of what it was before the injury. she was told this by her doctor and the workers comp doctor.

would you think my wife would have a case against the company for neglect for not IMMEDIATELY taking her off job and sending her to a clinic or emergency room. this could have been as simple as a sprain at first but since she was immediately put back on job it could have went from a sprain to a full tear which has caused her a permanent 50% loss of arm.

thanks for any advice.

There is a difference between a first report of injury and a mandatory drug test and medical eval.

well the employer never done any of these. nothing, nada, zip.

The bolded---that report?? That was most likely the "first report of injury" that allowed your wife to claim this injury as a work related incident.

 

[CSO286]

I'm not saying that there won't be a settlement due to the injury, I'm jsut saying OP's spouse hasn't won the lawsuit lotto on a claim of negligence. She worked in a job that required heavy lifting, it's not outside the pale that there would be an occasional sprained muscle or worse happening.


In revieweing the original post, I do have a question: What was the actual reason given when OP spouse was told her services were no longer needed at ABC company?

And then for funsies: Would the comp claim be processed through the temp agency or the job site?