Visitor Question

Strained left arm lifting clothes…

Submitted By: Kate (Shreveport, Louisiana)

I am a part-time employee in fashion retail at a national chain store located in Shreveport, Louisiana. Part of my job duties include marking down clothing in my department. It involves a lot of lifting of clothes off racks onto temporary racks and then back to the appropriate sale rack.

The other day, I spent 6 straight hours on my feet performing markdowns and was told I had to stay until they were done.

I had to stay one and a half hours over my scheduled 7 hour day.

I hurt my left arm, strained it.

I just want to see either a chiropractor or a properly trained masseuse to assuage the pain.

Can I do this under workers comp? Do I simply ask my employer to pay for the treatment? I realize this is not a huge bad injury, but it hurts and I spend my entire working hours hoisting clothes throughout my department and to other departments. Thank you in advance.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kate,

Your first action must be to notify your employer you were injured. From there your employer should refer you to his or her workers compensation insurance company.

The insurance company will give you a list of approved physicians and chiropractors. You will need to choose a physician as your “primary treating physician.” He or she will evaluate your injuries and determine what type of treatment is appropriate to treat your injury.

Presuming your primary treating physician believes you are injured and that your injury requires treatment you will be able to receive the treatment you need at no cost to you.

Additionally, if during the period of your treatment you are unable to work you will receive about two thirds of your wages. You will continue to receive treatment and wages until such time as your primary physician believes you are well enough to return to full or part time work.

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

Best of luck,

Published: October 10, 2013

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