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  1. #1
    Join Date
    Apr 2012
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    1

    Default Aggravated Recent Ankle Injury at Work

    I injured my ankle a few months ago and don't even know how. My doctor gave me a note for some light duty and when hte ankle was better or at least 90% better he gave me a noted to resume normal worked related activity. I was worried about losing my job with the light duty so maybe I pushed myself back too soon but recently aggravated the same injury. Now the doctor is talking possible surgery and I'm not sure if this is considered workers comp because of the past yet recent trouble with the ankle. Though I do know if I wasn't back to normal duty at work I wouldn't have re-injured the ankle. Any ideas? My boss thinks it shouldn't be reported as workers comp since I just came off light duty not that long ago, a few weeks, for the same injury.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Aggravated Recent Ankle Injury at Work- Wc- or Not

    Go back to your Dr. You need a Dr to provide the medical evidence to support your claim.
    Your boss doesn't make these decisions... the IC does, once they have the Dr report.
    You can also consult with a WC attorney if you are having difficulty with the claim/benefits. There is no cost for consultation... message board is not a good substitute for valid legal advice, regardless of what other IW's may have experienced.

  3. #3
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,808

    Default Re: Aggravated Recent Ankle Injury at Work- Wc- or Not

    You need to talk to a work comp lawyer. Your boss is about to screw you over. You can't trust the boss on this.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Mar 2012
    Posts
    10

    Default Re: Aggravated Recent Ankle Injury at Work- Wc- or Not

    Here in Arizona, WC Atty wont talk to you until your claim has been denied. I tried for three months to get a "free consultation" As soon as they asked if my claim was denied, and I told them NO, they would not talk to me and all said to call back when you get a denial letter.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,808

    Default Re: Aggravated Recent Ankle Injury at Work- Wc- or Not

    It is not going to get denied unless you actually file a work comp claim. Based on your original post, that has not happened yet. Right now you have absolutely nothing and no rights because you apparently are not asserting your rights.

    You need to talk to a lawyer about filing a workers' comp claim. It is your rights and your responsibility to get the claim filed. It is not your bosses' problem. He is pleased that you have not filed your claim.
    Last edited by complwyr; 04-29-2012 at 02:23 PM.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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