Claim for an old knee injury?

by Judy
(Benson, AZ, USA)

While working as a CNA/BHT, a patient fell with me and caused my knee to start hurting. I was sent to Concentra for treatment and physical therapy. I did not have an MRI done and was told it was up to me. I did not feel like the Dr thought it was necessary.

Since then, I have seen my own personal physician for knee pain, as the Concentra Dr. stated I could see my personal physician for this, and if I ever needed I could come back to workers' comp. But I don't know if there is a time limitation on this.

I now need a total knee replacement. I cannot get short term insurance to help while I have surgery, as I was off 3 months with a herniated disc. It was not a work injury, although my doctor said it was caused by overtime due to type of work I do (healthcare) and my age.

I have used short term disability a total of 3 months out of my whole working career, which started when I was 12 in my parents' restaurant. I need help and I'm not sure where to turn. What can I do about this? Is workers' comp still responsible? Thank you.

Visitor Question:
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ANSWER for "Claim for an old knee injury?":

Judy (Benson, AZ, USA):

Hopefully, the representative who said you could return to your workers' comp benefits told you that in an email, letter, or other documentable conversation. If so, you should be able to rely on those representations and return to workers' compensation coverage.

If you do not have such representations, try and contact the representative who told you you could return to WC coverage. If that representative is not available, the information should be on their computer, or otherwise in their file system.

If such information is not available, try to convince workers' comp representative to agree to provide coverage for the medical treatment you need, including the knee replacement.

The good new is, if you filed your original workers' comp claim within one year after the injury, you should still be covered. That’s as long as the primary treating physician did not discharge you or otherwise state you have reached a level of maximum medical improvement (MMI).

For further information about the procedure and forms required to continue your workers compensation injury claim visit the Industrial Commission of Arizona

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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