Nurses and Attendants at Risk for Low Back Injuries

 Back injuries, followed closely by shoulder injuries, are the most common job-related injuries for my clients in the nursing field.  Nurses, and those employed as nursing attendants are at high risk for these injuries primarily because they must transfer patients from beds to gurneys or to wheel chairs, or to baths.

A new law in California requires hopsitals to establish a "safe patient handling policy", meaning that lifting devices must be used instead of manually lifting patients and that staff must be trained better.  The Santa Cruz Sentinel.com reported that studies done by hospitals that had already established those policies in 2004 showed that the rate of injuries among nurses dropped 15%.  Handling  overweight patients was a particular concern as the population continues to be more obese.  

Most hopsitals in Nevada have instituted training on how to transfer and move patients using correct body mechanics.   The policy at each hospital may differ on when a nurse is required to use lift equipment.  Prevention of these injuries is certainly the key to reducing  the number of  low back sprains, disc herniations, and back injuries in general that afflict workers in the nursing field.  If your hospital does not have good patient lifting policies, you might want to speak to your supervisor or director to see what can be done to obtain new equipment or to get additional training to  prevent future injury to yourself and your co-workers.

What if you are a nurse and you do hurt your lower back while transferring  a patient?   Follow all of the ordinary steps for filing a claim and getting medical care as directed by your employer.  You should notifiy your nursing director or supervisor immediately in writing if you think you may have hurt your back, even if you don't think you need to see a doctor right away.    Many times a person may not know how serious the back injury is, thinking that they have a  muscle strain that will feel better in a day or two.  Report the injury anyway on a Notice of Injury form.   The law requires injured workers to report injuries in writing within 7 days of the accident.  

The law also requires that an injured worker obtain medical care within 90 days of the accident and complete the C-4 Claim for Compensation if the worker ever intends to pursue a claim.  After you notify your employer of the incident causing you back pain, make sure that you go to the clinic where your employer directs you for a work-related injury once you realize that you need medical attention.  Be clear on that form about the date you injured your back and how you injured it.  Be as specific as possible about how the accident occurred.  If you only think you might have injured it work, but aren't sure about how and when you injured it, the claim will be denied.  Remember, there is no claim until you complete the C-4 form at a doctor's office.

Once the claim is accepted, if your back injury is not getting better following some physical therapy and anti-inflammatories,  I recommend that you request a transfer of care from the intitial clinic to either a physiatrist or a spine specialist on your insurer's provider list.   You are entitled to ask your adjuster for a copy of the insurer's provider list so that you may select a physiatrist,  or an orthopedic physician, or a neurrosurgeon.  Most back injuries will heal in time, but if yours requires surgery or is so debilitating that you may not be able to return to your profession in the nursing field, you may want to consider a consultation with an attorney to make sure you know your rights. A  book that provides a good discussion of treatment options for low back injuries is Your Aching Back, by August A. White III, published by Simon and Shuster, and available at www. amazon.com.

 

Depression and Work Injuries in Nevada

If you have a work injury in Nevada you are more likely to become depressed.  If you do need a study to prove that there is a higher incidence of depression among workers with orthopedic injuries, you will be interested in the linked article from  California psychologist Stephen Pfeiffer, Ph.D.,  He cites a study reported in the Annals of General Psychiatry, Dr. Pfeiffer  frequently writes about depression and other  psychological conditions affecting California's injured workers. 

Unlike Dr. Pfeiffer,  I am not a doctor.  I am a lawyer who represents injured workers.  The following are my Top Ten  non-medical reasons injured workers tell me  why they feel depressed after their job accident:

  • They're hurt and in pain.  That alone makes them unhappy.
  •  A supervisor, or co-worker, or their adjuster acts as if they are faking their injury...
  • They are worried about whether they will still have a job when they are well again..
  • They are getting the run-around from whomever is supposed to be handling their claim.
  • They know they aren't getting good medical care, but don't know what to do.
  • Authorizations for medical care take forever.
  • They are worried about how they will make a living if they can't go back to their line of work. 
  • They're financially behind on bills as a result of late compensation checks, no compensation checks, or inadequate compensation checks.
  • They hear stories that they might get a settlement at the end of their claim, but have no idea what to expect, or whether to hope for anything.
  •  They are worried about needing medical care in the future if the injury ever worsens after the claim is close.
  • They know they need information, but don't know who to trust for advice.

Depression is serious.  If you are feeling completely overwhelmed or suicidal, please tell your doctor immediately, or call 911 and ask for  the suicide prevention hotline.  While it can be difficult to obtain psychological treatment for depression on a worker's compensation claim, it  can be done under the right circumstances.  More importantly, many  feelings of helplessness go away once you are armed with knowledge about how the claims process actually works.   If you  feel too lousy to actually meet with a lawyer for a free consultation, at least help call for a free guide so that you have a better understanding of Nevada workers' compensation law.   

Thinking of Starting Your Own Business After Your Work Injury?

The reality is that many injured workers are not offered permanent light duty jobs by their employers after their  treating doctors give them permanent work restrictions that prevent them from going back to their usual jobs.  Employers cannot be forced under Nevada workers' compensation law to give permanent light duty jobs to injured employees.  Instead, the injured worker is terminated from employment and is assigned a vocational rehabilitation counselor to try to find alternative employment or a formal retraining program.  The injured worker receives bi-weekly checks from the work comp carrier during retraining, but the length of a retraining program that the insurer can authorize may not be sufficient to provide a degree or even a certificate that will ensure employment at a comparable wage.

Many injured workers will simply have to become entrepreneurs and start their own businesses if they hope to ever earn what they were making at their time of their accident.  And those that do try to start a small business will have to be extremely imaginative, self-disciplined, and willing to take advantage of all possible sources of help.  If you are thinking about accepting a vocational rehabilitation lump sum buy-out instead of participating in a formal retraining program, start planning early and be professional about it.  Commit at least two hours a day to researching your business idea and organizing your information.  I often ask clients to show me their notes and research, and most cannot show me anything in writing. Those people will not succeed.  If you cannot write down your thoughts and investigate ideas in an organized manner, forget about going into business for yourself.

For those people who understand that starting  a new business and  then persevering the economic down times means hard work and networking, you will want to check out the NCET Entrepreneur Expo this Friday at October 14, 2011 from 10am - 4 pm at the South Point Hotel.  It is free and open to the public.  Nevada Center for Entrepreneurship and Technology is a non-profit group with excellent resources at www.NCET.org.  Good Luck to you.