Home The Book Dr Articles Products Message Boards Journal Articles Search Our Surveys Surgery ESWT Dr Messages Find Good Drs video

How do you prove it's work related

Posted by KarenS on 8/04/00 at 10:25 (024676)

Here's my problem: My pain started in April '99. I just let it go till it started getting too painful. I'm a baker in a grocery store and am on my feet all day. In June '99 I went to the Dr. about the pain. He said it was PF and put me on NSAID's. He said there were lots of reasons why people get this. Months later when the pain was intolerable he sent me for PT at the hospital where they were great and tried EVERYTHING possible. I was also put on modified duties at work but nothing seemed to help.

By the end of January my PT wrote to my Dr.saying there was nothing more they could try and to have me sent to a specialist. She told me it was from standing all day on those damn cement floors.

In Jan. we filed a claim with the compensation board who denied my claim because it was over 6 months since my first Drs. visit. Now my union is appealing this.

My question: How do you prove this condition is work related? When my foot first started hurting I didn't even think of workers comp. I tried everything I could think of to get it corrected. I have since had surgery on it but am still in a cast.

Any advice on the subject!! Thanks...Karen


Re: How do you prove it's work related

Laurie R on 8/04/00 at 11:06 (024677)

Hi Karen,
I hope this can help you.I have been a Bartender for 16 years.I hurt my foot at work.It was also from standing on my feet long hours.I twisted my foot one day and all the pain started.I do know every state has different laws under workmans comp.I am in CA.

The first thing you need to do: Have your doctor say that it is work related .I think thats all you need. I think you said your second doctor said this.You need to get it in writing and submit it to your job.

Also I would call an workmans comp attorney ,I have one and thank God I do because she has taken care of all my papers for me.And when you have problems with workmans comp your attorney takes care of it. I have been off work almost 11 months. Workmans comp has paid for everything.I will be starting school in a few weeks and they are also paying for me to be retrained ,because I can not go back to my job as a bartender due to my foot.

If you have anymore questions please feel free to ask me ,also you can e-mail me I think you have my e-mail address.

Laurie R


Re: How do you prove it's work related

Kim B. on 8/04/00 at 11:57 (024678)

I agree with Laurie. Find a workman's comp attorney to help with this. They have all the fancy jargon. I know in many cases, the 'statue of limitations' doesn't begin until a 'date of discovery'. It's not your fault that you didn't put all this together in the beginning. You shouldn't be penalized for that.

They are just trying to deture you from pursuinga claim. That's their job I guess. See if the workman's comp lawyers in your area will offer a free consultation about your case, and do they work on a contignecy.

Good luck,
Kim B.


Re: How do you prove it's work related

Nancy S. on 8/04/00 at 12:39 (024679)

Kim, is the 'statue of limitations' something like the discarded-orthotics-etc. sculpture that will someday be constructed in my yard?
Oh I just couldn't help it!
--Nancy

Re: How do you prove it's work related

Laurie R on 8/04/00 at 11:06 (024677)

Hi Karen,
I hope this can help you.I have been a Bartender for 16 years.I hurt my foot at work.It was also from standing on my feet long hours.I twisted my foot one day and all the pain started.I do know every state has different laws under workmans comp.I am in CA.

The first thing you need to do: Have your doctor say that it is work related .I think thats all you need. I think you said your second doctor said this.You need to get it in writing and submit it to your job.

Also I would call an workmans comp attorney ,I have one and thank God I do because she has taken care of all my papers for me.And when you have problems with workmans comp your attorney takes care of it. I have been off work almost 11 months. Workmans comp has paid for everything.I will be starting school in a few weeks and they are also paying for me to be retrained ,because I can not go back to my job as a bartender due to my foot.

If you have anymore questions please feel free to ask me ,also you can e-mail me I think you have my e-mail address.

Laurie R


Re: How do you prove it's work related

Kim B. on 8/04/00 at 11:57 (024678)

I agree with Laurie. Find a workman's comp attorney to help with this. They have all the fancy jargon. I know in many cases, the 'statue of limitations' doesn't begin until a 'date of discovery'. It's not your fault that you didn't put all this together in the beginning. You shouldn't be penalized for that.

They are just trying to deture you from pursuinga claim. That's their job I guess. See if the workman's comp lawyers in your area will offer a free consultation about your case, and do they work on a contignecy.

Good luck,
Kim B.


Re: How do you prove it's work related

Nancy S. on 8/04/00 at 12:39 (024679)

Kim, is the 'statue of limitations' something like the discarded-orthotics-etc. sculpture that will someday be constructed in my yard?
Oh I just couldn't help it!
--Nancy