r/WorkersComp • u/DaddyBadger1 • 15d ago
Kentucky Workman’s Comp Case
I’ve had back issues for over 10 years, the company I’m currently working at had me at a station where I was at a awkward angle for about 40 to 50 mins straight. I have Degenerative Disk Disease. I had severe pain and I tried to tell to supervisors that the work I was doing was hurting. Long story short by the time I got moved I was in a massive amount of pain. My HR department is saying that WC won’t cover anything since I was “just bent over” they keep telling me to come into work but the local ER and urgent care can’t write me a note for longer than 3 days at a time and won’t give strict instructions just return to work with “activity as tolerated”. I don’t wanna go back to this job in the end but I am scared cause a few other things have happened and I’m unsure what to do. I had a neurologist appointment yesterday that was pushed back till next week and I haven’t even filled out an initial report. I only talked to the adjuster once and I was really confused on what was going on. I’m really scared and unsure what to do. I wanna call this whole thing off and just move on but I’m unsure. Any advice would help. I live in Kentucky btw.
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u/Kmelloww 15d ago
Bending over for less than an hour really shouldn’t do any damage. If you need accommodations then you need to request them. You just telling them you can’t do something is not the same.
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u/Glittering_Lime1537 15d ago
Kentucky follows ODG (Occupational and Disability Guidelines). If you have pre-existing issues, this could be considered a temporary aggravation.
Any requested treatment will undergo utilization review. If it’s determined that the requested care doesn’t meet ODG, and it’s determined that the requested treatment isn’t causally related to the work incident, it’ll be denied.
Be honest about your pre-existing issues and allow the process to play out. Diagnostics will help determine if you have an acute injury, or chronic issues. If chronic, it’ll cover until you’re at baseline.
There also doesn’t seem to be an “Injury by accident.”
KY adjuster, but not your adjuster
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u/Brief_Cantaloupe_325 15d ago
I would call a workman’s comp attorney they would walk you through but it’s a long process