Location: Washington
In early 2023 about 3min clocking out of work (medical, this is important), while still within two feet of the entrance, I slipped and hit my head on concrete. Because I was just barely off the clock, the supervisor claimed it was an L&I case and therefore coworkers could not treat me. I needed to be sent to the ER (no ambulance called because L&I). ER did not order a CT scan as I seemed to respond well to everything. I never lost consciousness, all 12 cranial nerves intact. L&I was denied because I was off the clock, so everything had been OOP for me.
Through a series of various appointments I have been trying to nail down managing symptoms of post concussion syndrome. Insurance denied an MRI, so I got a CT scan and referral to neurology. CT scan showed nothing.
Recently I had to go to the ER for increased blurry vision, lightheadedness, nausea, etc., and they found through an MRI that I’ve got ESS (empty sella syndrome), and while ER medicine can’t point to the concussion being the problem and I would have to seek the answer in outpatient, they implied it was likely the source.
I told my cousin this and she immediately suggested I speak to an attorney. My question is, based on everything, would I even have a case? Nothing can be verified that it was the concussion that’s caused this series of issues, as some of my symptoms I and my PCP assumed were family history and were treated as such. If I pursue this, will I lose my job? Most likely, and I don’t have a backup plan if I do. I’ve got my foot halfway out the door by seeking other employment, but I’m not about to leave without a solid plan in place first.
Comments
You should talk to a personal injury attorney.
You should absolutely speak to an attorney ASAP. I don’t know what the statue of limitations in WA is, but 2 years is a pretty common SOL.
Is your employer liable for the circumstances that led to your fall?
IANAL You should speak to a local personal injury attorney to see if you have a case. If there is no clear connection from the fall to your diagnosed condition – you’re going to have a very hard and expensive legal battle ahead of you that I doubt a lawyer will take on contingency.
Since it’s not a workers’ comp injury you’re suing over, they may be able to fire you if you pursue a negligence lawsuit.