Asked in Lake Ariel, PA , on Nov 15, 2021
Hello on august of last year I had surgery for a hernia I got while at work. I was out 6 weeks ànd on light duty for 2 more. About March of 2021 I started to have pains in my gut where I had the surgery I was out for a few days here and there for it and chalked it up to gas. In April o. The 22 I carried a pump that weighted 250 about 100 yards. At the job I was at we work a 4 day work week 10 hour days Monday thru Thursday on Friday my back was stiff but bearable. Saturday I couldn’t even get out of the bed. Çome Monday morning I called to tell my boss that I had hurt my back carrying that pump. That same day I got my daughter’s results for a covid test they were positive so when they were sending me to the Dr I was in isolation. Long story shorter for a little over a month I couldn’t walk and had the worst back pain I’ve ever experienced. After going to comps Dr and getting shots that weren’t helping my wife called a specialist who ordered a MRI. The results from that were that I had discitis in my lower back (a bacterial infection) the infection according to my Dr came from the hernia surgery. I missed my hearing for comp cause I got evicted and left the state and missed the hea
Answered on Nov 21, 2021
My goodness, what a strange result. I just handled a case with an infection like this that occurred as a result of a Toradol injection just after a minor back injury that led to a major operation. There are a number of administerial concerns I would raise – you have to give notice of a new work injury within 120 days of the occurrence or knowledge of the injury and you have to make a claim within 3 years. It is unclear the specific facts and you would want to talk to a WC attorney to flesh this out further. All cases turn on their individual facts, there will be questions raised about the delay, but that does not mean the claim will be foreclosed. It actually sounds like you have a case, you just need to find the right attorney and experts. Side note, things are not as hopeless as they may seem right now, get an attorney get the case handled, get your medical condition straightened out and you will be back to a better place in a reasonable amount of time. Good luck.