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  1. #1
    Join Date
    Jul 2014
    Posts
    1

    Angry Workers Comp Accident Requiring Revision Total Knee Replacement

    I am 2 years into a revision knee replacement. On job accident dislodged a partial replacement.
    My knee is still a problem. Due to compensating for this I now have opposite hip and sciatic nerve problems in my other leg. I am still working full time in the same job, however, my lifestyle has been severely impacted as I am in pain and cannot sleep due to hip and leg pain. My doctor has informed me not to expect the knee to get any better.
    I have just recently consulted with a WC Attorney.
    To date I have only had medical bills and my surgery paid for. Am I due compensation for permanent partial disability?

  2. #2
    Join Date
    Feb 2013
    Posts
    150

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    I don't think your due compensation. When you reached MMI you would have been given a rating. It looks like you didn't have an attorney and you got screwed. Sciatic nerve problems can be treated with therapy and should feel better. I would see another doctor if i was told not to expect to get better. A knee replacement done correctly should not be giving you pain 6-12 months after surgery.

  3. #3
    Join Date
    Feb 2012
    Posts
    349

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    Kneebow here,

    Wow...your story sounds a lot like mine. But what the doctors thought was sciatic was actually RSD. I haven't been able to work for a few years now. I am on SSDI.

    I don't think you can collect anything as long as you are working. There's no such thing as pain and suffering with workers comp. Now keep in mind, I AM NOT from your state so the rules may be different.

    By the way did your job pay you when you were off for your surgery? If you can't do your job anymore because of your injury (allow condition) then you would have to go back to your doctor and explain that to him so that he/she can either take you off work or give you restrictions to work under.

    At any rate you still may be eligible for some compensation such as wage loss, voc rehab or TTD. That would be best advised by an attorney that specializes in workers comp claims.

    PLEASE CHECK WITH AN ATTORNEY TO GET A BETTER UNDERSTANDING OF WHAT YOUR STATE RULES ARE. ONCE AGAIN I AM NOT FROM YOUR STATE and my rules may be different from your state.

    Bless you thou!

  4. #4
    Join Date
    Oct 2014
    Posts
    6

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    I have been fighting with comp from 2008 i hurt my back had two bars put in from l4 to s1 and 6 screws have not gotten any thing from comp cents 2009 every time they send me to to get examen by a "independted medical examenier they always say i am mmi and cut me off i just saw one this month and thesaid same thing they cut you off because they say you won't get any better in thought that was what comp was for

  5. #5
    Join Date
    Oct 1971
    Posts
    5,136

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    Quote Quoting 1234# View Post
    I have been fighting with comp from 2008 i hurt my back had two bars put in from l4 to s1 and 6 screws have not gotten any thing from comp cents 2009 every time they send me to to get examen by a "independted medical examenier they always say i am mmi and cut me off i just saw one this month and thesaid same thing they cut you off because they say you won't get any better in thought that was what comp was for
    What state?
    You need to consult and hire a lawyer, do not delay, there are time limitations to file an appeal.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Feb 2012
    Posts
    349

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    Kneebow here,

    Tony's right. You need to consult and attorney like right away! One that specializes in workers comp claims.

    Once again there are different rules for different states.

    An attorney can help you understand what your rights are as well as the comp language that may be foreign to us laymen people.

    Plus workers comp will wipe there feet on you if you don't know the rules.

  7. #7
    Join Date
    Oct 2014
    Posts
    6

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    i have a attorney these IME are a joke here in ohio this one examine me 4 mins at the most and did not put every thing i said in the report they work for comp. i don't know how it is fair to the worker that is hurt

    - - - Updated - - -

    ohio there ime are a joke they are paid by comp. the injuryed worker has no chance to win i have a lawyer it's just getting to be too much i don't think i have a chance to get any thing from comp. which sucks

  8. #8
    Join Date
    Oct 1971
    Posts
    5,136

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    Quote Quoting 1234# View Post
    i have a attorney these IME are a joke here in ohio this one examine me 4 mins at the most and did not put every thing i said in the report they work for comp. i don't know how it is fair to the worker that is hurt

    - - - Updated - - -

    ohio there ime are a joke they are paid by comp. the injuryed worker has no chance to win i have a lawyer it's just getting to be too much i don't think i have a chance to get any thing from comp. which sucks
    IME stands for Independent Medical Exam, that doesn't mean it's fair or independent of bias.
    These exams are paid for by the IC, it's independent of your PTP's bias or opinion, it's sole purpose is to present a defense against your claim.
    The judge knows this, he will weigh the medical evidence submitted and make a ruling based on the facts.
    Your PTPs opinion will carry more weight than a paid quacks five minute exam, don't sweat that IME.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    Feb 2013
    Posts
    150

    Default Re: Workers Comp Accident Requiring Revision Total Knee Replacement

    Everything done in WC cases is to wear you down. ICs are involved in thousands of cases if they win one with there bs it improves there bottom line. It's a high stakes game and when you take your emotion out of the case your position improves.

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