I seem to have a few things going against me with my workers comp claim. My lawyer has advised me to settle with WC instead of going to court. I believe that you can have a pre-existing injury and be hurt at work and still be covered. I was without a doubt having some issues before I injured myself at work. Nothing diagnosed. Found out after injury that I have arthritis in my knee. I had a doctors appointment days before injury. My lawyer says that it will be hard to prove I hurt myself at work. I informed many people at my job that same day about my injury. My injury at work is omitted from my first physicians appointment which is troublesome because it is the day after my injury occurred. But I have documentation the next day when I went for a MRI that I hurt myself at work. I wrote it down on an intake form. My only explanation is that physician did not write it down. Big issue with me is that I never got better after surgery. Minor injury/surgery that wreaked havoc with my knee. I was told my problems happened post-op and that I would need a knee replacement. I am very upset because before this injury I was able to live my life, now it is about my quality of life.
1. Do I need to inquire about Medical Malpractice? (My lawyer says he cannot go after my physician)
2. A history of pain prior to injury at work is harmful to your case?
3. Does the time frame when I told my physician about injury at work matter?
4. The purpose of going to trial is more money?
Thank you for listening and for giving this your time.