Can I file for workemans comp after leaving that employer

Asked almost 5 years ago - Atlanta, GA

I am a nurse and began having terrible back pain! Employee Health was notified. I did not ask for wrokers comp at that time. The M.D. that I have seen said that my MRI was a direct result from being a nurse and pushing and pulling stretchers etc..I have had 2 lumbar epidurals so far. This has all occured since 12/09 and I am still dealing with trying to get my back better. I am currently employed as an R.N. at a much less stressful and demanding position than working in the Hospital I was employed by

Additional information

Curious if I have any recourse since this is a direct result from my profession and occured while I was employed by a very large hospital!!
Thought I might need to add more info about my condition. Dx w/ 1 bulging disk L5, S1 as well as Degeneritive disk disease in My Lumbar region. So yes, it is a cummulation of pushing stetchers, standing , pulling on pt's etc. I have been a nurse now for 14 years. I did miss work as well as my Supervisor was notified that my back was hurting and I had excuses written by my M.D. to be out of work. This all started on 11-30-09 and I have since started a new much less demanding position as an RN effective 12-28-09. I have since 11-30 received 3 epidurals for pain management and hopes that this will do the trick for me for a long time so I can work and not hurt!!!

Attorney answers (3)

  1. Michael Richard Moebes

    Pro

    Contributor Level 9

    Answered . Back injuries by nurses are common...I have several such cases/clients right now. You can file a WC claim against your former employer, but the employer/insurer will almost certainly deny the claim if you didn't report it to anyone while you still worked there. Call your former supervisor and say you need to report a workers' comp claim; then ask for the panel of physicians.

  2. Bryan Sinclair Hawkins

    Pro

    Contributor Level 9

    Answered . Yes, you do have a claim for workers' compensation if your doctor has connected your work-related duties to your current medical condition. I would be curious as to what he diagnosed you with, i.e. degenerative disc disease, herniated disc, etc. The strength of your case can sometimes turn on what you have. In some cases, such as carpal tunnel, the date of injury may not be until the point where your doctor has taken you out of work. This is called a cumulative trauma injury. If that were the case, you would have 30 days to notify your supervisor. This sounds like that type of case, so you should consult with an experienced workers' compensation attorney to discuss your options. Also, notice to your supervisor can be subtle. It doesn't have to be "hey boss, my back hurts, and it was caused by my job duties, and now I have a workers' compensation claim. Best of health - feel better soon!

  3. Thomas L. Holder

    Contributor Level 11

    Answered . You can definitely file a workers' compensatoin case aginst your prior employer. Just remember that you will need to file a claim with the State Board of Workers' Compensaton within one year of the date of injury.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

18,664 answers this week

2,441 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

18,664 answers this week

2,441 attorneys answering