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back pain as workmens comp

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  • back pain as workmens comp

    I've been suffering from back pain, like so many others do in this profession. I filed a claim to have my time off covered but it was denied as workmens comp. Anyone out there had success in getting this covered as work related, looking for advice on my appeal.

  • #2
    A couple of questions for you from someone who used to work for a workers compensation provider. I am or was not a claims adjuster and depending on your state and its laws you may have some rights. First question is did you notify a or any supervisory personnell that you hurt, might have hurt, think you hurt your back during any employment activities. ie; after a foot chase, fight, jumping say to someone "I think I just hurt my back"? If not, a bit tougher but not dead in the water. If you did you need to get that date, or approximate date as closely as possible. Then you need to determine what your states rules are on reporting incidents. Normally it is 6 months to a year to report to a workers compensation provider. 2nd, when you say denied what was the "official denial" report from the provider. If this is an existing condition but was aggrivated by your LE work it could still be compensable. 3rd, have you seen a doctor, other than a chiropractor for the injury and what did you tell them (they will get your file) was the cause of the accident. Are you union (certain other rights are given to the union enviroment) and did you notify your rep. Finally (sorry, winded) you can seek the assitance of an attorney who can refile for you and push the issue but depending on your state and status may not protect your employment. PM me and I will give you my cell phone number and we can talk more (if you want). Your not screwed, just need to do a bit of pushing.

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    • #3
      I don't know how the law works in your area, but some states recognize something known as "cumulative trauma, stress and strain." It simply means that over the years you have suffered a number of little work related injuries here and there that in and of themselves were minor. But after a period of time, their cumulative effect has taken its toll and created a significant injury to you.

      In your case, do your homework now and start recalling and documenting every work related incident that may have injured your back. This would include heavy lifting, pushing, pulling, falls, twisting, jumping, altercations with suspects, car crashes, or other activities that could have possibly hurt your back. If police reports were prepared in connection with those matters, obtain copies documenting the event. Also note every injury that you reported.

      Next, find a workers compensation attorney, preferably one who specializes in police and fire cases. Your union or any large law enforcement association can probably recommend one. He will take from there and let you know what can be done.

      I don't know about your state, but out here, workers comp attorneys do not charge up front. Instead, they simply get a percentage of your permanent disability award. Permanent disability is based on the degree of your injury. It is separate from awards for lost wages and medical bills.
      Going too far is half the pleasure of not getting anywhere

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      • #4
        I don't know how the law works in your area, but some states recognize something known as "cumulative trauma, stress and strain." It simply means that over the years you have suffered a number of little work related injuries here and there that in and of themselves were minor. But after a period of time, their cumulative effect has taken its toll and created a significant injury to you.

        In your case, do your homework now and start recalling and documenting every work related incident that may have injured your back. This would include heavy lifting, pushing, pulling, falls, twisting, jumping, altercations with suspects, car crashes, or other activities that could have possibly hurt your back. If police reports were prepared in connection with those matters, obtain copies documenting the event. Also note every injury that you reported.
        Next, find a workers compensation attorney, preferably one who specializes in police and fire cases. Your union or any large law enforcement association can probably recommend one. He will take from there and let you know what can be done.



        Ditto.
        And while Calif. is probably different from Wisconsin, for us there are certain injuries that are considered presumptive after 5 years on the job -- knees, backs & hearts. (Yes, they acknowledge cops have hearts!)
        Since our current governator changed things, the standard is for worker's comp carriers to automatically deny these types of claims. They want you to fight for it to see if you are serious.
        Having gone thru they process a few times I will tell you with certainty: [You have to be your own advocate even with an attorney.[/COLOR] Do the research, collect the paperwork & keep a log of everything. I had a decision by a W.C. judge reversed when I was able to disprove a claim by the W.C. carrier!
        Good luck!

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