Fell tying my shoe at work...

by Gayle
(Cleveland, TN)

I fell tying my shoe at work. I put my foot up on the shelf to tie my shoe and I simply lost my balance backwards. I hit the concrete floor real hard. I reported it right after it happened. The guy asked if I needed medical treatment and I said, as of right now, I don't think so, because I thought I was just bruised. He told me that if after the next day off I was still hurting to come back in and tell the other guy that I had reported it to him.

I went in today and was told that it would not be considered workers comp, and I was not allowed to work today because I said I was hurting and not sure I could lift heavy items. I was given a medical leave so I wouldn't get any points, however, I also won't get paid. They require a doctors release in order for me to return to work.

I can't afford to go to the doctor. So I am thinking I will just go back to work on Sunday and tell them to give me a point for today. Should I be able to get workers comp to pay for me to see a doctor? How can I pay for treatment if they refuse to give me WC? Is there anything else I can do? Thank you.

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ANSWER for "Fell tying my shoe at work...":

Gayle (Cleveland, TN):

I'm not sure what you mean by “points,” but presume a point is similar to a demerit of some sort. You also fail to mention what type of injury you sustained, if any. Once more, we’ll presume and consider you mean your back injury. It’s difficult to understand why your employer refuses to permit you to file a workers compensation claim, especially as they didn’t refute the issue at the time your injury occurred.

If your back hurts you should be able to see a company-approved doctor. Under the State of Tennessee’s workers compensation rules and regulations, an on-the-job injury entitles the injured worker to medical care at no cost to the victim.

Speak with your supervisor and once again tell her you were injured on-the-job and demand to have access to medical care. If that doesn't work go to the next level of supervisor, or directly to the person handling workers compensation claims. Ask for a DWC-1 claim injury form. Fill it out and submit it. If all else fails, contact an attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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