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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Agrevated Injury Calling Off

    I was injured at work. I broke my anle and injured my knee falling in a hole. I was released to light duty, still on crutches. I have arthritis in both knees and my injured knee is causing occasional severe pain, and my good knee is swelling up due to putting all the weight on it. My ortho doctor also treated me for my arthritis and when I mentioned the pain, they stated it was not due to workers comp injury. Aparently between initial visit at emergency who wrote down knee/ankle and wc adjuster, my ortho doctor has down just ankle injury. I have a few questions: if an existing condition es agrevated by my injury should it be covered? If I call out from light duty because I am having problems
    walking and want to rest my other knee, do I get any wc since i am back to work? If they send me to physical therepay do I get any compensation for that time off work?
    Thanks

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

    Default Re: Agrevated Injury Calling Off

    yes aggravations are considered new injuries.
    no. you will only get disability payments if a doctor takes you off work.
    no. leave for treatment is handled thru the employers leave program and is not deemed "disability" by workers comp laws.
    more here:
    http://dia.delawareworks.com/workers-comp/

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Agrevated Injury Calling Off

    Sounds like you may need a workers' comp lawyer at this point. They usually give free initial consultations, so call a couple and take advantage of that. There may be a way to fix the oversight.
    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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