What is the name of your state? California
I started working for a new company in Apr 06 - then about 2 weeks into the job I complained that my desk chair was causing my back to ache. They really didn't do anything about it so I dealt with it but always looked around for a replacement. After not being able to find one I once again brought it up to my lead then she sent me to the dept mgr where she walked around with me trying to locate a chair. We found one that had a missing arm rest but it felt comfortable and looked new. After sitting in it the hydraulic part of the chair which you level yourself at a certain level started to rapidly drop causing me to get scared and jolt myself. At first I thought it was just a fluke but it happened several times - I explained to my lead and mgr but they really acted like I was crazy and didn't go running to look for another for me. I was stuck with this chair until June 06 (a co-worker vacated her position leaving me a access to her chair). But in the mean time I was starting to ache pretty badly, I didn't think much of it at first. I also had a roundtrip commute of about an hour per day so sitting was really aggravating me on top of my 9 hour work shift. Finally enough was enough I went to see an urgent care doctor, they gave me meds and sent me off... I did this about three times thinking something was wrong because the pain was horrible.
On a visit I was told it looked like I rapidly fell on my tailbone/lower back, had broken blood vessels from the swelling around the disk area. After remembering about the "chair from hell" I was reported it to my mgr. She sent me to the WC doctor and they didn't really assist me so I asked for a second opinion. (Mean while, because of this pain I had emailed/spoken to my mgr about resigning because the commute was too much on me especially with the pain...plus it didn't seem like I was very much liked in my dept, I was always being written up for being absent even with having doctors notes including my back pain visits). I ended up resigning on Oct 1st because the sitting from commute and 9hr shift was PAINFUL on me causing other issues. I was contacted by the WC carrier to seek a WC doctor in my area, I did and after a few visits I was referred to a orthopedic specialist where I was told that I had a 6th vertebrae where as there is normally 5 in the lumbar area and this was found because it was aggravated by the constant falling of the chair. Doctor suggested excersise to stregthen the area and to take tylenoyl when it aches - there was nothing else they can do to assist me.
During this time when I resigned I filed for unemployment, I was denied because I resigned and no disability. I looked for work but when something arose it was standing for 8 or more hours or sitting. I have been having a tough time dealing with pain, spams and just an over all decrease in my activity levels due to the pain - especially that is been colder than usual this time of year in the Desert where I reside.
With all this in mind. Does anyone think it is possible that I have any case against my ex-employer/WC carrier?
(Sorry it was so long, just wanted to explain correctly with details)
- M
I started working for a new company in Apr 06 - then about 2 weeks into the job I complained that my desk chair was causing my back to ache. They really didn't do anything about it so I dealt with it but always looked around for a replacement. After not being able to find one I once again brought it up to my lead then she sent me to the dept mgr where she walked around with me trying to locate a chair. We found one that had a missing arm rest but it felt comfortable and looked new. After sitting in it the hydraulic part of the chair which you level yourself at a certain level started to rapidly drop causing me to get scared and jolt myself. At first I thought it was just a fluke but it happened several times - I explained to my lead and mgr but they really acted like I was crazy and didn't go running to look for another for me. I was stuck with this chair until June 06 (a co-worker vacated her position leaving me a access to her chair). But in the mean time I was starting to ache pretty badly, I didn't think much of it at first. I also had a roundtrip commute of about an hour per day so sitting was really aggravating me on top of my 9 hour work shift. Finally enough was enough I went to see an urgent care doctor, they gave me meds and sent me off... I did this about three times thinking something was wrong because the pain was horrible.
On a visit I was told it looked like I rapidly fell on my tailbone/lower back, had broken blood vessels from the swelling around the disk area. After remembering about the "chair from hell" I was reported it to my mgr. She sent me to the WC doctor and they didn't really assist me so I asked for a second opinion. (Mean while, because of this pain I had emailed/spoken to my mgr about resigning because the commute was too much on me especially with the pain...plus it didn't seem like I was very much liked in my dept, I was always being written up for being absent even with having doctors notes including my back pain visits). I ended up resigning on Oct 1st because the sitting from commute and 9hr shift was PAINFUL on me causing other issues. I was contacted by the WC carrier to seek a WC doctor in my area, I did and after a few visits I was referred to a orthopedic specialist where I was told that I had a 6th vertebrae where as there is normally 5 in the lumbar area and this was found because it was aggravated by the constant falling of the chair. Doctor suggested excersise to stregthen the area and to take tylenoyl when it aches - there was nothing else they can do to assist me.
During this time when I resigned I filed for unemployment, I was denied because I resigned and no disability. I looked for work but when something arose it was standing for 8 or more hours or sitting. I have been having a tough time dealing with pain, spams and just an over all decrease in my activity levels due to the pain - especially that is been colder than usual this time of year in the Desert where I reside.
With all this in mind. Does anyone think it is possible that I have any case against my ex-employer/WC carrier?
(Sorry it was so long, just wanted to explain correctly with details)
- M
