I was injured twice at work. In the first incident, I opened a door from a trailer on a dock. When I opened it, I noticed a load lock set straight up and down instead of side to side like it was supposed to be, and it was in the center of the trailer.
I thought to myself, “why would someone do that?” As I was leaning over to put a bag in place, I felt a huge blow to my head, my neck snapped to the right and I thought the door fell on me. It was the load lock, and I had no idea it could cause such damage.
I felt immediate pain and confusion, it sent my hard hat flying off my head. I went outside to see if some fresh air would help shake it off but it was worse. I received multiple injuries just from that incident. I had an MRI which revealed nothing, but was given a month afterwards. I was diagnosed with a concussion and post-concussion syndrome. I’m still dealing with these issues.
The second incident occurred 5 weeks later. An employee driving a forklift failed to look back in the direction he was turning and struck me on my back. Now I have a spine out of alignment and the side where I got hit is still hurting after 2 months.
I’ve had physical therapy but no one took any x-rays. Although stretching helps, I still feel like something is out of whack. I feel like I need to focus on my health.
I feel like I’m being targeted at work since I am now more of a liability. I want to quit, but I need my medical bills to be taken care of and any other medical issues I may have down the road. I can’t confide in anyone at work even their nurse, as she had the doctor change his note from giving me a week off, to going back to work immediately. I was off only 2 days and I know I should’ve been off longer.
If I quit my job will workers compensation still cover my medical bills?
Any information you can give would be helpful.
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Answer
Dear Anonymous,
In almost all states when an employee quits work as a result of an on the job injury workers compensation benefits will continue to be available until such time as the doctors discharge that person from treatment and recovery.
The problem with your case is readily apparent. There is no evidence of any real injuries.
Your MRI (Magnetic Resonance Imaging) examination revealed no injury. You state the MRI was administered a month later. That proves you have no injuries. Unless you are able to convince a physician to state with a “high degree of medical certainty” from the time of your initial injury until the MRI a month later you suffered “a concussion and post-concussion syndrome,”
you really don’t have any proof of injury.
Without medical proof you have almost no basis upon which to prove injuries substantial enough to require workers compensation benefits.
Although you state the second injury resulted in your spine being “out of alignment” you present no medical proof.
To have any claim at all you would have to offer some form of credible written medical proof of the spinal problem.
From the facts you present you don’t have any medical proof for the second injury either. If you did your employer would have almost certainly afforded you well more than 2 days off.
With your presentation of two separate non-medically supported “injuries” within a 5 week period it is understandable why your employer and fellow employees might consider you a malingerer.
Learn more here: Workplace Injury Claim Guide
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 888-972-0892.
We wish you the best with your claim,
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