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  1. #1
    Join Date
    Oct 2007
    Posts
    7

    Default Falling After A Knee Injury At Work

    i hurt my knee at work and went to doctor took x rays and said my kneecap was tilted and i have brustis. no restrictions from work well today i fell right on my knee went to doctor and doctor was really nice tell she found out that i have a previous knee injury said workers comp prbly wouldnt pay for it i have way more pain then i did yesterday she asked if i had insurance i said no she took no more x rays and said i prbly tore my meniscus and fractured my knee cap wanted to do mri then changed her mind when she found out about insurance put my knee in an imobilzer and said i could still work heres the problem shouldnt i have had x rays and been taken off work and not be on my leg so what should i do?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: help

    Request a change of doctors or get a second opinion
    http://www.state.sd.us/dol/workerscomp/Employee-Q&A.htm

  3. #3
    Join Date
    Jul 2007
    Posts
    210

    Default Re: help

    Quote Quoting cristabell View Post
    i hurt my knee at work and went to doctor took x rays and said my kneecap was tilted and i have brustis. no restrictions from work well today i fell right on my knee went to doctor and doctor was really nice tell she found out that i have a previous knee injury said workers comp prbly wouldnt pay for it i have way more pain then i did yesterday she asked if i had insurance i said no she took no more x rays and said i prbly tore my meniscus and fractured my knee cap wanted to do mri then changed her mind when she found out about insurance put my knee in an imobilzer and said i could still work heres the problem shouldnt i have had x rays and been taken off work and not be on my leg so what should i do?
    Not to be a jerk but this is a big pet peeve of mine...Use some type of punctuation please! Thahat has the longest sentence structure i have ever seen.

  4. #4
    Join Date
    Oct 2007
    Posts
    7

    Default Re: help

    Sorry,I am not good with useing punuation or anything. So you have no advice for me?

  5. #5
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Falling After A Knee Injury At Work

    Cristabell, you need an EXPERIENCED Certified WC attorney NOW. ANd, you need a competent Orthopaedic Doctor who can PROPERLY evlaluate, diagnose and recommend necessary treatment for your injuries.

    First, was you ORIGINAL injury to your knee accepted?

    When you fell and got injured again, was it the SAME knee, or the OTHER knee?

    How STABLE is the knee that you ORIGINALLY injured? If the knee is weak/unstable AND it contributed to your second fall, this might very well be considered a "compensable consequence" of your ORIGINAL accepted injury.

    However, you will need an Ortho to "make the connection" as to CAUSATION.
    Generally, and depending on the WC laws of your State, just because you had a prior injury to one of your knees does NOT necessarily mean that when you injured it again at work, that it will NOT be an accepted WC claim.
    IF the claim is accepted, however, then "apportionment" of any potential Permanent Disability that may result will be applied. While PD CAN be apportioned, typically TREATMENT is NOT.

    Consult with SEVERAL experienced Certified WC attorneys...get copies of all your available records for review. The initial consultations are usually free, so any and all info that you can provide the atty with will help you more effectively and effeciently utilize the limited amount of time for the consultation.

    Keep us posted.

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