Legal Question in Workers Comp in Alabama
Back Injury on new job
I started a new job as a pharmacy tech in July. We had a guy who did custodial work who quit and returned to school. So, the manager assigned all his duties to the techs. One week later, after sweeping & mopping the sales floor, I hurt my lower back emptying the mop bucket. My boss knew previously that I had rheumatoid arthritis in my spine. According to the ER doctor, I now have 2 bulging lumbar discs & 1 of those is ruptured. He wants me to have an MRI done ASAP. My boss' response is that I should have known better than to lift the 40 pound bucket by myself, and I should have ''gotten a man to do it for me.'' He told me to take several days off to heal. He also said that I would not be paid for the time off. The doctor they sent me to didn't even examine me. He said that I just had a lumbar strain & could return to work in 3 days. Now, my boss wants to use their doctor's diagnosis to force me back to work, and not pay for any further medical care. He says that I must return to work in 3 days or be fired. Can I make this company pay for the recommended MRI? And, can I make them pay me for the scheduled days I was to work but could not?
2 Answers from Attorneys
Re: Back Injury on new job
Assuming you have a couple of days before the expiration of the 3 days.
Go to the hospital today and get a copy of your medical records from the hospital. TAKE THE RECORDS SHOWING YOUR DISC PROBLEMS TO THE WORKERS COMP DOCTOR. Then ask the worker's comp. doctor if he is SURE you just have a lumbar strain! With your medical records in hand, I doubt he will say that. You need a note from the comp. doctor telling your employer you are not able to return to work yet. You have a right to a second opinion. If the comp doctor says you are fine with the records, tell him you want a second opinion.
Call me this weekend if you want to discuss this more 205.752.4440.
Randal Ford
Re: Back Injury on new job
A covered employer is responsible for an injury to a worker that results from an accident at work, with or without the employees fault. Your boss' response that you should have known better than to lift the 40 pound bucket and should have gotten a man to do it, is without merit.
If the employer approves the workers compensation claim, the employer is responsible for paying medical bills associated with the injury in question, per Code of Alabama, 1975 � 25-5-77(a). After a 3-day waiting period, the indemnity period or disability period starts on the 4th day you are out of work.
However, because there is a dispute regarding your injury (strain vs. ruptured disc)and the necessary treatment, your employer has a basis to follow the recommendations of the doctor they sent you to.
You do have a right to challenge your employer's decision, but because it is a disputed issue you will need the assistance of the court.
You have the right to obtain the services of an attorney to handle the claim in the courts as provided by the law.
We would be glad to discuss this matter further with you.
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