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What should I do California

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  • What should I do California

    My title is not very descriptive this post is about: my neck and shoulder pain and trying to find a way to fix the problem while dealing with the pain everyday and continuing to possibly do even more damage to my neck/shoulder/back.


    I've worked on computers for much of my career.. I'm still in the early part of my career.. I'm 27 years old. I stated working on computers when I was 13.. Not until recently did I ever have any back/neck problems, and I haven't had any major injuries or any injuries relating to my neck or back, but I've gradually since starting at my current place of work developed seroius neck and shoulder pain...

    At some point in the last few months the pain got so bad that I finally went to urgent care and asked the doctor what was wrong with me.. He asked me if I had or can ever rememeber getting in an accident or having a back or neck injury.. He says I have near complete loss of lordosis, and I have spasms all along my neck which are causing my pain... so he refers me to a get a MRI.. the MRI discovers that I have narrowing of the right foramen on my c5.. so through all of this the final answer is that my neck is screwed up.. and just when I get the referral to the nuerologist my company switches insurance providers.

    But the whole point of this thread is - Recently my coworkers says ''hey why dont you ask for a new chair, that chair you're in is way too small for you and I can't believe youre sitting in it''... I ask about a chair to our HR person and I get no response... then I tell my manager that I need a new chair and he says ''yeah we should get you one, bercause its technically illegal for us to have you sitting in such an bad desk and chair''.

    Anwyays.. I'm now in constant pain and I can't focus on my work because of this, nor can I get any work done functionally because my shoulder is now numb and the numbness is spreading down through my arm.

    Can someone please advise me on what my options are? I would appreciate it so much.. I am just at the end of my ability to take care of myself here on this.. I can't afford to quit my job, and I just don't know where to turn to get time off of work to find out what treatment I need.. I'm trapped.

    How can I go on disability? Can I get workmans comp? I'm in constant pain, and this is taking a toll even on my relationship, I've lost interest in sex and I'm constantly doing awkward motions with my neck trying to alleivate the pain and people think I'm crazy.. I'm only 27 years old and I'm too young to already be having my body get scewed up.

    I work in California for a software development company with about 20-30 employees.. we have no HR department and the management doesn't know whats to tell me when I ask for a chair and the owner is always out playing golf.. I just don't know who to turn to, if anyone can provide me information I appreciate it greatly.

    Thank you,
    chairmelt
    Last edited by chairmelt; 03-04-2007, 09:18 PM.

  • #2
    If you can prove. . .

    If you can prove that the pain is due to the use of an inappropriate piece of equipment over time it might qualify as workmans comp, but you will have to make a WC claim at work. They will send you to their insurance companies doctor who will drug and alchohol test you and examine you to determine if your claim could be true. They will check prior medical activities for you to see if you have had other claims which involve the same areas of your body. Then they will determine your eligibility for workmans comp. Then your questions will be answered.
    What is veiwed is not always what is seen and
    what is heard is not always what is spoken!
    ~M. Noitall~

    Comment


    • #3
      Be aware!

      There is a common physical defect in which the facets of the neck bones are tilted a small bit from TRUE, this can cause the exact problem you describe, so it could be determined to be a birth defect.
      What is veiwed is not always what is seen and
      what is heard is not always what is spoken!
      ~M. Noitall~

      Comment


      • #4
        Thank you for the response.

        The problem is, I don't know whether to file this as workmans comp or to go on disability and do physical therapy?

        This was not something that just happened one day, but it started a few months in to working there and has continued for the last year now.. I have been going to the doctor every month or two since and that is where the the process of Xrays->MRI->Nuerologist started.. All the whole time believe it or not I've been using the same crappy chair and desk, but two of my requests for a new chair went completely unanswered from my boss and our controller...

        I don't want to cause my work problems, because I don't think they intentionally caused me this harm.. so I'd rather just get better, but at the same time I feel sort of worn down and possibly by the negligence, surely someone knew this chair and work setup for me would cause me problems.. I just wasn't really focused on it until it started causing pain, but I'm a programmer not a person who understands how to setup a workspace.
        Last edited by chairmelt; 03-04-2007, 10:05 PM.

        Comment


        • #5
          If you think that the problem is caused by work, you can always file a workers comp claim and see whether or not the workers comp carrier agrees. The worst that can happen is that they say no.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            There is no such thing as an "illegal" chair. Since your diagnosis is one of a degenerative condition, you are going to have some difficulty getting this covered under WC. WC would only cover if your work conditions exacerbted the condition and then they would only be responsible for the damage that was caused by work, not the underlying degenerative condition.

            I would talk to the doctor and perhaps take pictures of the chair to see if that is the a contributing factor. While you can always just file a WC claim, it is best to talk to your doctor first.

            In any case, this condition may fall under ADA and it may be reasonable to provide you a different chair as a reasonable accommodation. I would also talk to my doctor about this as well. It could be that the chair has nothing to do with it. It could be that there is a particular style or model chair your doctor feels would be most beneficial. If so, then I would put my request in writing and be clear that you are requesting an accommodation under ADA. Schedule a time to discuss this with your employer, be it the owner, manager, or someone else who is authorized to make these decisions.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              In order to get the process started you need to file a work comp claim. The physician that your employer sends you to should determine whether this is a work related issue. Normally, the doctor will write a prescription for a workstation evaluation, & at that time, your employer needs to have your desk assessed to make sure your desk is ergonomically correct & make the necessary changes if any have to be made.
              Last edited by tera; 04-22-2007, 12:10 AM.

              Comment


              • #8
                Originally posted by chairmelt View Post
                My title is not very descriptive this post is about: my neck and shoulder pain and trying to find a way to fix the problem while dealing with the pain everyday and continuing to possibly do even more damage to my neck/shoulder/back.


                I've worked on computers for much of my career.. I'm still in the early part of my career.. I'm 27 years old. I stated working on computers when I was 13.. Not until recently did I ever have any back/neck problems, and I haven't had any major injuries or any injuries relating to my neck or back, but I've gradually since starting at my current place of work developed seroius neck and shoulder pain...

                At some point in the last few months the pain got so bad that I finally went to urgent care and asked the doctor what was wrong with me.. He asked me if I had or can ever rememeber getting in an accident or having a back or neck injury.. He says I have near complete loss of lordosis, and I have spasms all along my neck which are causing my pain... so he refers me to a get a MRI.. the MRI discovers that I have narrowing of the right foramen on my c5.. so through all of this the final answer is that my neck is screwed up.. and just when I get the referral to the nuerologist my company switches insurance providers.

                But the whole point of this thread is - Recently my coworkers says ''hey why dont you ask for a new chair, that chair you're in is way too small for you and I can't believe youre sitting in it''... I ask about a chair to our HR person and I get no response... then I tell my manager that I need a new chair and he says ''yeah we should get you one, bercause its technically illegal for us to have you sitting in such an bad desk and chair''.

                Anwyays.. I'm now in constant pain and I can't focus on my work because of this, nor can I get any work done functionally because my shoulder is now numb and the numbness is spreading down through my arm.

                Can someone please advise me on what my options are? I would appreciate it so much.. I am just at the end of my ability to take care of myself here on this.. I can't afford to quit my job, and I just don't know where to turn to get time off of work to find out what treatment I need.. I'm trapped.

                How can I go on disability? Can I get workmans comp? I'm in constant pain, and this is taking a toll even on my relationship, I've lost interest in sex and I'm constantly doing awkward motions with my neck trying to alleivate the pain and people think I'm crazy.. I'm only 27 years old and I'm too young to already be having my body get scewed up.

                I work in California for a software development company with about 20-30 employees.. we have no HR department and the management doesn't know whats to tell me when I ask for a chair and the owner is always out playing golf.. I just don't know who to turn to, if anyone can provide me information I appreciate it greatly.

                Thank you,
                chairmelt
                I know this is dumb but you said you do not have an HR department, but earlier you said ' I ask about a chair to our HR person and I get no response', so who did you ask, and get no response?? Just curious.

                Comment


                • #9
                  Originally posted by turbowray View Post
                  I know this is dumb but you said you do not have an HR department, but earlier you said ' I ask about a chair to our HR person and I get no response', so who did you ask, and get no response?? Just curious.

                  It is very possible that they have a person who handles HR issues but no HR dept. I know I am our HR person but HR is only one small part of my job.

                  Comment


                  • #10
                    beaten to it

                    i agree 100% with christamcd as the company that i used to work with also had a H.R. person but she was also the secretary,mail-runner,parcel sign-in, and numerous other jobs so it's funny to think that all companies have to have job-specific areas like H.R. it don't take all that much to be an H.R. and yep...get an evaluation done for that workstation, you have that right. and turbowray, he asked his H.R. 'person' not H.R. 'department' so i think it's more abought the nitpicking to you than helping the OP. same goes with a lot of you on this forum.

                    Comment


                    • #11
                      Originally posted by christamcd View Post
                      It is very possible that they have a person who handles HR issues but no HR dept. I know I am our HR person but HR is only one small part of my job.
                      Thank you very much!!!

                      Comment


                      • #12
                        Originally posted by injuredperson View Post
                        i agree 100% with christamcd as the company that i used to work with also had a H.R. person but she was also the secretary,mail-runner,parcel sign-in, and numerous other jobs so it's funny to think that all companies have to have job-specific areas like H.R. it don't take all that much to be an H.R. and yep...get an evaluation done for that workstation, you have that right. and turbowray, he asked his H.R. 'person' not H.R. 'department' so i think it's more abought the nitpicking to you than helping the OP. same goes with a lot of you on this forum.
                        The reason I asked was not to nitpic, I swear, it was to make sure, that the poster was not getting ignored by the only one that could make that decision. I am not the type to nitpic, and you assumed, sorry if it came out that way. Poster, I apologize to you also, I could have worded it different, my bad.

                        Comment


                        • #13
                          Originally posted by turbowray View Post
                          The reason I asked was not to nitpic, I swear, it was to make sure, that the poster was not getting ignored by the only one that could make that decision. I am not the type to nitpic, and you assumed, sorry if it came out that way. Poster, I apologize to you also, I could have worded it different, my bad.
                          And this post is almost 2 months old...

                          Hopefully the OP has solved his/her problem by now.

                          Comment


                          • #14
                            Originally posted by JulieBean View Post
                            And this post is almost 2 months old...

                            Hopefully the OP has solved his/her problem by now.
                            Darn, I did not notice that, thank you for pointing it out JulieBean!!

                            Comment


                            • #15
                              No problemo turbo!

                              Comment

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