I’m reaching out for advice regarding a workplace injury I suffered in 2018 while working. The injury occurred during a physically demanding task, but at the time, I didn’t report it to my employer due to an intimidating manager, financial pressures, and not wanting to cause trouble. However, I did visit a doctor within two months of the injury, and their notes specifically state, “patient claims of low back pain from work injury.”
Since then, I’ve pursued consistent treatment, including physiotherapy, massage, acupuncture, and chiropractic care. Unfortunately, the healthcare providers I trusted did little to address the root cause of the injury, allowing it to progress and worsen. I eventually had to pay out of pocket for an MRI, which revealed a herniated disc in my lower back.
Over the years, I’ve paid for about 80% of my healthcare costs myself, all while putting myself through school and working two jobs to cover my expenses. Despite my efforts, I’m still living with chronic pain and trying to figure out my next steps.
I’ve recently submitted a request to WCB to review my case, but given the delay, I’m unsure of my chances. I’m wondering:
1. Are there any legal or advocacy options outside of WCB?
2. Would a lawyer or specific agency be able to assist in cases like this?
3. Has anyone else faced a similar situation and found a way forward?
I fully understand that not reporting the injury back then was a mistake on my part, but I can’t help feeling that the doctors I saw should have stepped in or reported it themselves. Any advice or guidance would mean the world to me—I’m just trying to see if there’s any hope left for some kind of resolution.
For those who feel too much time has passed, I completely agree—it has. However, please note that the injury was reported to my doctor and, soon after, my manager found out as well. Due to the work environment at the time, combined with intimidation and my own immaturity and inexperience with these situations, I downplayed the seriousness of the injury. During a meeting with my manager, they jotted down some notes but ultimately ripped them up at the end of the discussion. I was placed on light duties for a while, but now, years later, that manager has left the company, and there is likely no official record of this happening. However, if the doctor has notes of this injury, is this not enough? He specifically wrote that it happened at work!
Main Legal Issues:
Workplace injury reporting and documentation
Potential legal options for seeking compensation or assistance outside of WCB
Medical negligence or failure to properly address the root cause of the injury
Questions Answered:
Are there any legal or advocacy options outside of WCB?
Yes, there are potential legal options outside of WCB, such as pursuing a personal injury claim against your employer or exploring avenues for medical malpractice if the healthcare providers failed to address the root cause of your injury.
Would a lawyer or specific agency be able to assist in cases like this?
A lawyer specializing in personal injury or workers' compensation cases could provide valuable assistance in navigating your situation, assessing potential legal claims, and advocating on your behalf.
Has anyone else faced a similar situation and found a way forward?
Many individuals have faced challenges with workplace injuries, delayed reporting, or inadequate medical treatment. Seeking legal advice and support can help you explore options for resolution and compensation.
Potential Strategies:
Consult with a Personal Injury Lawyer: A lawyer experienced in workplace injury cases can assess the details of your situation, advise on potential legal claims, and guide you through the process of seeking compensation.
Explore Medical Malpractice Claims: If the healthcare providers failed to address the root cause of your injury, a medical malpractice claim could be pursued to hold them accountable for their negligence.
Document and Preserve Evidence: Gather all relevant medical records, doctor's notes, and any documentation related to the injury to support your legal claims and strengthen your case.
Things to Discuss with a Lawyer:
Statute of Limitations: A lawyer can advise you on the applicable time limits for filing a legal claim related to your injury and ensure that you take timely action.
Employer's Liability: Discuss the potential liability of your employer for failing to provide a safe work environment or address your injury properly.
Compensation Options: Explore the types of compensation you may be entitled to, such as medical expenses, lost wages, pain and suffering, and disability benefits.
#legalfocusai #legaltech #canada
http://advisor.legalfocusai.com/Scenario_Navigator