I'm a full time employee & work right in front of the computer all day and last year, my sciatica on my lower back recurred (I had it when i was pregnant with my 2 yr old son). I went for PT for 4 months and was released last Dec. 2011. Early this month, I was rushed to the hospital due to neck pain and numbness of my right arm. The doctor said that this could be a pinched nerve on my neck or upper back and I'm ordered to have MRI. A Colleague told me that i can claim for workers comp, FMLA and short term disability for this. Which ones are applicable? Will i be eligible to work from home? If so, for how long?
Workers' Compensation Lawyer
A pinched nerve in the c-spine could be work related...or not. I would talk to my doctor and ask him for his opinion as to the possibility. If so, tell your employer you want to file a w.c. claim. You should jump on this right away because the longer between the date of injury and the date of filing makes it harder to get the w.c. insurance company to accept the claim.
Workers' Compensation Lawyer
You should file a claim for workers' compensation if you and/or your doctor believe that your condition is caused by work. Repetitive work in front of a computer can not only cause arm symptoms (pain, numbness), but it cause also cause problems in your spine.
Yes, you may have some spinal symptoms caused by what is commonly referred to as a "cumulative trauma" at work. This means that your injury was not due to any one specific incident or injury, but rather occurred over a period of time. If your have worked at your position with your employer for any significant length of time (1 year +), then my suggestion is that you discuss your situation with an experienced and well qualified attorney who specializes in workers' compensation. Workers' compensation insurance companies frequently deny cumulative trauma claims, and even if they don't in your case, you need to consult with a workers' compensation attorney to become more informed of your rights and to maximize your compensation without jeapordizing your job.
Please contact me for a free consultation if you have further questions or would like to further discuss your case.
Personal Injury Lawyer
FMLA does not pay benefits, it merely protects your job while you are off. Short term disability is only available if you (or your employer as part of your benefits package) purchased a policy. Workers' compensation pays benefits and protects you from losing your job in most instances.
While we hope this information is helpful and informative, it should not be considered a substitute for legal advice. The choice of a lawyer is an important decision and should not be based solely on advertisements. Please contact us for a free consultation on your injury claim - there is never a fee unless we collect money for you.