lumbar advice needed.

[WarbyD]

Marty - unless you want the whole thing thrown out and you paying costs, you need to follow the advice of the physio/doctor to the letter and make sure that all of that advice is documented.

If working out isn't aggravating your back, then you need to talk to your doctor/physio about that and ask that they give you a "rehab program" to follow which includes lifting and has some wording in there about having flexibility to include other exercises, as long as they don't aggravate your injury.

You really need to get a couple of things straight before you take this any further:
(1) Does anything aggravate the injury? At work/at home/anywhere - What exactly does it and to what degree? You mentioned not being able to pick your kid up, what about the stuff you do at work? Does that aggravate it at all?
(2) What do you want out of this? Do you just want them to cover your medical expenses or are you planning to try for a payout of some description?

Another thing to keep in mind is that whether you want to or not chances are you will need to go onto light duties of some description. This is an arse-covering thing from the company's point of view to ensure that you don't further aggravate the injury. If they do put you on light duties, don't take it as a slap in the face or anything like that - it's to stop your injury getting any worse.

 

[WarbyD]

Oh and another thing, speaking from experience with companies/managers who don't really give a fuck about anything other than their KPIs:

Keep in mind that there is a good chance that if you get any push back from the company, it is likely the thing at the forefront of their mind is their KPIs. Depending on how your company policies/procedures are worded, sending you to anyone other than a GP could be classified as a "Medically Treated Injury" (MTI) and they may try to do whatever they can to avoid that due to impact on bonuses/stats/whatever. Its absolute bullshit but it is the way it is in some companies.

If you think this is the case and they're more worried about their stats than your recovery, I'd suggest you either be prepared to pony up for the treatment yourself and cop it on the chin or touch base with a lawyer now and get ready to deal with some serious headache.

 

[taurus]

Tomorrow I got rdo. I got an app for 10.30 I got union backing now all this happen pre union when we where treated like scum. Now also union rep I brought the union and signed every one up. The union will help they said too if things don't go my way.

Just don't count on too much help from your union. They like to huff and puff and beat their chest, but don't do a heap (in my experience anyway mate)

 

[GUZZLA]

A few things, based on my own personal experiences..

1) The scan report you first posted is typical of someone who performs a heavy manual labour job. Most people in such situations are a ticking time bomb for a lower back injury, they just don't know it yet.

2) Workers Comp is fucked. Unless you hurt yourself at work with a shit load of witnesses and the injury is blatantly obvious, they will do whatever possible to stall or deny your claim. Your situation is made worse due to the extended time between injury and making a claim.

3) Do as WarbyD says, if he's in the industry, he knows just how fucked it is.

4) Document everything and do nothing outside what your treating doctor or physician prescribes. I cannot be more clear.

5) Phone calls (mainly to your workers comp insurance provider) get you nowhere. Written letters, be it requests, advice or updates on your situation well get you more speedy responses. Any phone calls you do make should be backed up with a letter confirming what was discussed.

5) I was followed on several occasions, that I observed. They are sometimes obvious, other times more discrete. If you are genuinely injured and your day to day actions reflect that, you''ll have no issues. You also need to take some responsibility for your situation if you value your health, anyway.

6) The payout system has changed dramatically in recent times. Unless, after all reasonable treatments have been exhausted and your injury has been medically declared as 'as good as it's going to get', you get $x amount based on the percentage that you are incapacitated. Ultimately, it is fuck all and will be years before you see anything like that.

7) If you change jobs, there are laws that prevent an employer discriminating against you if you have made a workers comp claim. There are also laws that determine under what circumstances you need to advise a prospective employer of your previous injury and WC claim. It's utter bullshit. Mark my works, as soon as they hear the words 'Workers Comp claim', the chances of you getting that job have slimmed dramatically.

8) Once you make your claim, be wary of your employer trying to manipulate you into leaving or resigning. The bottom line is your claim will cost them a packet, especially if you have an operation and extended time off work. They will most likely do whatever possible to reduce their liability. One such way is to get you to quit. Do not.

9) If I had my time again, based on the shit-fight I went through, I would never have made the claim. It would have been so much less emotional and financial stress, and so much quicker, to just borrow some money and get myself fixed.

10) good luck.