Washington Worker's Compensation - Help For Injured Washington Workers

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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Post Claim Denied After Falling at Work

    eventhough i havent been to any dr on a previous injury in 3 years, how can they say they arent responsible for their neglagence? pictures and witness were provided , my dr says im not able to return to my regular job due to its nature but the ime dr who met me for 30 minutes and asked me nothing of my pass medical treatment and saw that i wasnt able to perform the test he wanted me to said i can return to work withought restrictions. of course we all know they are on the workers comp payroll..lol my question is,,,,,EVEN if they want to clain that it is pre-exsisting if it was agravated by the fall doesnt that account for anything? im suppose to be responsible for all the dr bills since dec and re pay back all the benifits i received? nothing for my pain and suffering??? welll its no doubt im protesting and have a appointment for a attorney.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: I Fell at Work Due to Lack of a Wet Floor Sign.i Was Denied, Saying Pre-Exsisting

    There is no money in WC for pain/suffering.
    Yes, aggreviation to a prior injury would be compensable.
    WC is no fault, there is no negligence on the part of the IW, or employer.

    If you wish to dispute the denial, you should be consulting with a WC attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,094

    Default Re: I Fell at Work Due to Lack of a Wet Floor Sign.i Was Denied, Saying Pre-Exsisting

    Get a lawyer. The key to beating the defense lies in the medical causation question. Did the fall cause your injury or was it pre-existing? If so, did the fall aggravate or exacerbate the pre-x condition? Those are the medical/legal questions that need to be answered.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Apr 2012
    Posts
    2

    Default Re: I Fell at Work Due to Lack of a Wet Floor Sign.i Was Denied, Saying Pre-Exsisting

    yes it happened at work,,i had a previous fall about three years ago ( at a different job) and i was rated 7 percent impaired but worked with no problems for 1 1/2 years at the current employer, in fact worked alot of double shifts and called in alot on my days off, i was working fine until i fell and had a huge bruise and contution on my hip. i continued to work thinking after the bruise went away but it didnt and my hip keeps giving out and have trouble baring any weight on it. so as it became worse i wasnt able to work due to the profession i am in,(health care) so im sure it was aggravated, not everything shows up in mri so just cause i didnt break it the pain tells me that it did indeed cause damage. i am seeing a attorney in a week, wish me luck!

  5. #5
    Join Date
    Feb 2007
    Posts
    51

    Default Re: I Fell at Work Due to Lack of a Wet Floor Sign.i Was Denied, Saying Pre-Exsisting

    If the original injury was an allowed claim then you could either apply to re-open that claim or submit for the new occurance of injury, exacerabation to the pre-existing. It must be applied for within one year from the date of occurance (injury). An Attorney is always best in help against the Dept.

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