I've been meaning to ask this question. I have really bad shoulder pain caused by RA or age, take your pick. But I have bone cyst (RA), a bone spur and tendonitis (RA) and evidently a torn rotator cuff. So, I hurt!
Doctor and Physical Therapist want a workstation evaluation done of my computer because that is what I do all day. However, I am not an employee. I am a contractor. They have nurse onsite that can do this in five minutes. Oh, but did she read me the riot for asking about this. Then, I talked to my boss, who wouldn't even apologize for how rudely I was treated and pretty much sounded like she was blowing me off. Later, she goes and talks to the nurse and says if it doesn't improve in a week, they do something about it.
So, in the meantime, I contacted my job shop. They want to do a Workman's Comp thing. What's this? I just want someone to walk over and see if I have my workstation set up ergonomically correct. What is the big deal here?
But I'm still waiting and suffering. I know the setup is not right because I'm taking Vicodin and am using my TENs and I'm still in pain. Get away the desk and not so bad.
Anyway, I don't know anything about Workman's Comp. Thought some of you might. Should I file this? Will it improve situation? Will it pay for my MRI, doctor, therapist?
On top of all this, I probably could ask my boss now about having the nurse come over, but see it's all going through proper channels. Now, I risk making my boss mad or some other big wig mad. All because I just want them to LOOK at my setup!
Why is it so hard?
Hi Deanna,But how does one know if it's from the job or the RA?
Hi Deanna: The WC company will send someone from their co. to assess your station and suggest changes to the employer. It is up to the employer to make the changes irregardless of your employee status - contractor or employee. I think that's the way I was reading your post. The WC company may allow an employee of the co. that you're working for to assess safety/ergonomic issues. This assessment of your work station has nothing to do with filing a workers' comp. claim. It has to do only with the ergonomics of the work station.
If you're thinking about filing a claim then I would contact a workers' comp. attorney. WC is a long drawn out process when there is no definite injury/accident such as a fall, lifting, etc. Each state has it's own set of rules and regs concerning WC. Some states are easy and other states it's just about impossible to get your claim accepted. The torn rotator cuff may make it easier for you but I'd contact an attorney. Anyone else at your employer had a WC claim? If you know someone quiz them.
No, I don't know anyone who has ever filed a claim period. Plus, it's just working on the computer. Yet, I am in so much pain and the ortho surgeon says they can't do surgery to correct the problem.
They sent me forms from the Workman Comp insurance company to fill out. I see the surgeon, my Rheumy and my Physical Therapist on Tuesday. (Oh, do I know how to plan a fun day!) I was thinking about asking them.
It also hurts terribly to drive. The thought that this will not get better, something that affects everything I do at work is a bit overwhelming. There is nothing outside my job that I can do that isn't already on the computer.
I finally got a message saying that they were sending someone by to look at my workstation. But you are saying it is a separate issue.
If you go to an attorney, what are you asking for? I am clueless on this subject. I could really use some advice.
Hi There: Several questions: Torn rotator cuff - why can't it be repaired? Did you request forms from the workers' comp. co., they just don't send them out on their own? If you have a torn rotator cuff was there an injury at work that caused it? If yes, did you report the injury? Talk to the surgeon about workers' comp. issues. Also contact an attorney that specializes in WC issues. Unless there is a documented, witnessed injury or accident workers' comp. is to hard to deal with without an attorney. The attorneys office will ask you a lot of questions about your health issues and if there was an injury or accident at work. It really depends on the state that you live in.
Yes, assessing your workstation and filing a workers' comp. claim are two seperate issues.
Well, the thing is, a preexisting condition can be aggravated by your job. But they can have doctors that will say your injuries are entirely from your RA. That is why you need a good attorney that can assess the reality of the situation and what kind of chance you really stand. You can't know that on your own.
I am very curious about this issue and what the laws are. My husband is an independent contractor and we don't have any workman's comp issues right now, but I have wondered what the law is.
To receive workman's comp, doesn't your employer have to pay into it for you? Obviously the company you are working for pays in for their employees, but does it cover independent contractors, or is that up to you? Certainly it would be their responsibility to provide a safe work environment, but I just don't know what the law is regarding workman's comp, particularly in a grey area like a workstation set up.
Can you adjust your set-up on your own to make it more comfortable? Are there specific things you are requesting, such as a proper chair, wrist supports, etc.?
I wish you well, and hope everything works out for you. Keep us posted!
Thanks for all your replies.
First, the only injury is from daily use of the compurter. I didn't ask for the Workman's Comp papers, my job shop just sent them to me. But evidently they do carry Workman's Comp insurance on me.
Two, the surgeon said that they can't do a repair arthoscopically because of where it is located. They would have to open up the entire shoulder and it might not have any effect on the pain. I'm not sure I understand this either. There is quite a recovery time where you can't drive for 4-6 weeks.
But then I don't want surgery if we can work it out with physical therapy, etc. But that isn't improving it, only making it barely tolerable for me to work. I do notice a great deal improvement on the weekends when I'm away from the computer.
I have already done adjustments to my workstation. I'm not asking for anything special except for the workstation evaluation and then suddenly it seems to be a workman's comp thing.
I just assumed it was the RA because of the tendonitis and the bone cyst. I was going to just ignore the Workman's Comp, but it hurts so much and affects me at such a constant that maybe I should check it out. I do have all these extra doctor visits and MRI now. Plus, the physical therapy equipment my insurance won't pay for. It is just that I never catch a break on any help if I can't work. I think I am just fantasizing here tha someone would actually pay for part of the treatment.
I am really concerned with what happens to me long term with this problem. At home, it doesn't bother me as much, because I definitely have a setup that works better for me. I can get up when I want to, stretch, exercise, etc. At work, the strain on it is constant. It's hard to take a break and no way to stretch out.
Honestly, the pain I deal with at work now stays at a 8 or 10 on my pain scale and that's after I take a Vicodin and attach my TENS unit. What am I supposed to do, work like this from now on?
Deanna, where I live, that would be considered a "gradual injury" and would be a work injury. An attorney could better explain it to you based on your laws.