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Is this even worth considering? Sorry so long.

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AngelMyst

Junior Member
State: Illinois

I work in a support center where we do not have specific seats but instead are assigned a spot daily, not all are actually desks.

On Dec 2 last year I was assigned a workstation I had never used before, it was at a table rather than a desk and the ergonomics were terrible. By my first break that day my neck, shoulder and left arm were cramping unbearably, at that point I rearranged the equipment on the table hoping this would resolve the problem. I did not report an injury when this happened because I felt it was a simple strain resulting from the ergonomics of the workstation and just needed a bit of time to unknot. There are 2 co-workers that shared the cube with me that morning and can verify what occurred.

Although I still had not considered filing an accident report, I did make mention of this in an email to my supervisor on Dec 15 as an accounting for some of my time that morning. I had continued to have some pain but was still writing this off as a muscle strain or pull that just needed time.

By December 31, I was experiencing numbness in 2 of my fingers and the pain had increased. I went to a quick care center after work, they diagnosed a pinched nerve caused by that incident and ordered a week off of work to recover. I reported this to my employer then followed up with my personal physician who felt that there was not enough information to make that determination at that point. He felt further testing was needed to pinpoint the cause, and orderd an EMG. He also advised that the symptoms indicated possible carpal tunnel syndrome which would be difficult to prove as a workmans comp case and concerned about the effect it might have on my working relationship with the company advised me against filing. I reported this also to my employer, minus his concerns about the relationship, and since the pain had eased with rest returned to work after a week.

By Jan 16 the EMG came back inconclusive, the pain had become so intense I couldn't sleep. My doctor ordered me off work until we determined the cause and ordered an MRI based on some observations I had made about my pain. I reported this also to my employer and was instructed to file paperwork for a short term disability claim which I have done.

Now after all this time, the results of the MRI show 3 ruptured cervical discs, unlike carpel tunnel syndrome this actually could be directly tied to that original incident, but 2 months have passed and I never officially filed an accident report. Is it even worth considering? What type of obsticles might I be facing if I do so considering the path this has taken?
 


goodgrief

Member
What was the incident?:confused: The sitting at the desk/table or did something happen to you when you moved things around?
 

AngelMyst

Junior Member
I'm sorry if this sounds silly but spending 3 hours working in that position prior to moving the equipment. Until I moved the equipment the workstation was set up in such a way that I had to keep my upper body overly strained to the left to do my job. I could not place my chair directly in front of the computer because of the layout of that workstation, another co-worker behind me was occupying that position in the cube
 

goodgrief

Member
I can't advise you legally, hopefully someone will come along that can, but just from what you have said I would think you don't have any kind of case. From the sounds of it you chose to sit in that position for 3 hours before doing something to rearrange to make you more comfortable.

Like I said, that's just my opinion, but I would think that would just be common sense. BTW. a ruptured disc does not just "happen" from sitting somewhere..it's likely you have had some injury to your back and it just happened to rupture at that time.


Hopefully someone else might be able to advise you "legally". Good luck to you.
 
Last edited:

Shay-Pari'e

Senior Member
AngelMyst said:
State: Illinois

I work in a support center where we do not have specific seats but instead are assigned a spot daily, not all are actually desks.

On Dec 2 last year I was assigned a workstation I had never used before, it was at a table rather than a desk and the ergonomics were terrible. By my first break that day my neck, shoulder and left arm were cramping unbearably, at that point I rearranged the equipment on the table hoping this would resolve the problem. I did not report an injury when this happened because I felt it was a simple strain resulting from the ergonomics of the workstation and just needed a bit of time to unknot. There are 2 co-workers that shared the cube with me that morning and can verify what occurred.

Although I still had not considered filing an accident report, I did make mention of this in an email to my supervisor on Dec 15 as an accounting for some of my time that morning. I had continued to have some pain but was still writing this off as a muscle strain or pull that just needed time.

By December 31, I was experiencing numbness in 2 of my fingers and the pain had increased. I went to a quick care center after work, they diagnosed a pinched nerve caused by that incident and ordered a week off of work to recover. I reported this to my employer then followed up with my personal physician who felt that there was not enough information to make that determination at that point. He felt further testing was needed to pinpoint the cause, and orderd an EMG. He also advised that the symptoms indicated possible carpal tunnel syndrome which would be difficult to prove as a workmans comp case and concerned about the effect it might have on my working relationship with the company advised me against filing. I reported this also to my employer, minus his concerns about the relationship, and since the pain had eased with rest returned to work after a week.

By Jan 16 the EMG came back inconclusive, the pain had become so intense I couldn't sleep. My doctor ordered me off work until we determined the cause and ordered an MRI based on some observations I had made about my pain. I reported this also to my employer and was instructed to file paperwork for a short term disability claim which I have done.

Now after all this time, the results of the MRI show 3 ruptured cervical discs, unlike carpel tunnel syndrome this actually could be directly tied to that original incident, but 2 months have passed and I never officially filed an accident report. Is it even worth considering? What type of obsticles might I be facing if I do so considering the path this has taken?
Dude, you have no case against anyone.
 

AngelMyst

Junior Member
Thanks for your input. Glad I could provide you with some laughs. So you don't think I just idiotically sat there for 3 hours before doing anything please let me explain a bit further.

Until I started experiencing pain I hadn't put much thought into it being a problem, and when I did realize it was a problem I was unable to take immediate action to remedy the situation because I was in the process of working with a customer.

To re-arrange the work station, I had to unplug some of the equipment, which couldn't be done without disconnecting from the call. In hindsight if I had any idea this could have happened I might have tried to find a way to do so until I had remedied the situation, but at that point I didn't consider it anything more than cramped muscles. Since disconnecting from the call part way through the process could have resulted in a hazard on the customers side, I felt it would be irresponsible of me to do so simply to make myself more comfortable. If it was just a "computer" problem that would be easy to do but my support calls involve not only computers, but mechanical equipment and chemical handling.
 

AngelMyst

Junior Member
A small ironic twist to this, my "customers" are other employees of the same company. So in putting another employee's safety ahead of my comfort, I actually caused harm to myself, now have a health condition that can adversely impact my performance in terms of attendance for treatment and possibly surgery and can be used against me....and...by seeking information as to what I might do to protect myself have found myself the subject of ridicule.

It doesn't pay to give your job your best
 

goodgrief

Member
I just thought I would let you know that I wasn't laughing at you, I was laughing at the previous post.

Your situation does seem silly to me, but I am not in it. One day/3 hours is not going to cause the kind of pain and suffering you are talking about in your post. Discs don't just rupture like that if they are healthy in the first place.
 

Lisabyday

Member
The main obstacle you are going to face is you did not notify employer promptly of your injury. You may have told two co-workers about the injury but that is not the same as giving notice to the employer. On Dec. 15, when you e-mailed your supervisor did you give him the details of what had occurred Dec. 2. But this is just an obstacle, not one than can not be overcome. You had 45 days to report your injury to the employer. Uusally there are posts somewhere in your place of employment which specifies who you should contact. Did you contact that person?

As to the injury itself, this is your biggest obstacle. Most ruptured discs are the results of aging, wear and tear, or sudden stress like from an accident. It does not seem to me that you would have suffered this from 3 hours of sitting.

Thinking that your putting someone's safety ahead of your own and you are now suffering is only partly true. Your choice to not report this when it happened and perhaps getting medical treatment at the point is what has you in a bind.
 

AngelMyst

Junior Member
goodgrief said:
I just thought I would let you know that I wasn't laughing at you, I was laughing at the previous post.

Your situation does seem silly to me, but I am not in it. One day/3 hours is not going to cause the kind of pain and suffering you are talking about in your post. Discs don't just rupture like that if they are healthy in the first place.
Thanks, I was a bit frustrated earlier I appreciate the clarification. Regarding the situation seeming silly to you, I can understand that. I am still more than a bit stunned regarding this, it's not something I had even considered a possibility....that's got to be obvious considering how long it took me to even have it checked.

So sure I can understand it seeming silly, I'm still having problems wrapping my brain around this :)
 

AngelMyst

Junior Member
Lisabyday said:
The main obstacle you are going to face is you did not notify employer promptly of your injury. You may have told two co-workers about the injury but that is not the same as giving notice to the employer. On Dec. 15, when you e-mailed your supervisor did you give him the details of what had occurred Dec. 2. But this is just an obstacle, not one than can not be overcome. You had 45 days to report your injury to the employer. Uusally there are posts somewhere in your place of employment which specifies who you should contact. Did you contact that person?
When I emailed my supervisor on Dec 15 I did give her details as to what happened on Dec 2. At that point I still didn't think it was anything to be concerned about so didn't file any paperwork, but since she was asking me to account for the time I was considered working but not involved in a support issue (they monitor the amount of time actually working on issues and this was a bit abnormal for me) I did give very clear details of what had happened. As far as telling the two co-workers, actully they were right with me....witnesses per se...during that period of time. One was the person sitting behind me and the other was just a few feet away.

Regarding reporting procedures, I am supposed to report this information to my supervisor. After my trip to the quick care facility and being told it was a pinched nerve and caused by that, I took all the medical information I had in to work, and printed a hard copy of the email to give to my supervisor along with it.

Finally:
Lisabyday said:
As to the injury itself, this is your biggest obstacle. Most ruptured discs are the results of aging, wear and tear, or sudden stress like from an accident. It does not seem to me that you would have suffered this from 3 hours of sitting.
I understand that completely. And I agree it did not seem to me this could have happened like this either. In fact, when my doctor disagreed with the quick care physician and ordered the EMG I don't think any of us even considered this. Based on our conversations I believe he was fairly certain it was carpal tunnel syndrome. When the EMG came back inconclusive, he explained that in cases of carpal tunnel that aren't advanced, it's possible for the EMG to give these results and there was discussion of seeing a hand specialist. Before we got to that point though, during the most recent pain flair up I was lying in bed trying to find some position that might ease things up enough for me to sleep....I found one, then tilted my head to the side and the pain came back instantly. I reported that to my doctor at my next visit, which is what prompted him to have the MRI done, which showed this.

Thanks so much for your imput on this. It's frustrating...I worry about the impact on my performance because of this at work. I love my job, I love what I do and I'm quite good at it and I hate to have something place a dark mark on my file :)
 

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