Denying responsibility for knee injury because of a broken toe?

by Justin
(Dallas, Texas)

I broke my toe the day before I went into work, on a Sunday. I went into work the next Monday and injured my knee. The next day HR called me and asked why I was limping when I came into work on Monday. I was honest and told them I had broke my toe the night before.

They said they are not responsible for my knee injury because the toe injury was the cause. Is this true? Can they deny my workers comp benefits for the injury that happened at work, simply because they think it was caused by my broken toe? That doesn't seem right. I'm not asking for treatment for the toe, but for the knee injury that happened at work. Thanks for any information you can give.

Visitor Question:
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ANSWER for "Denying responsibility for knee injury because of a broken toe?":

Justin (Dallas, Texas):

You are in a difficult position. Ask HR if they would permit you to see a company/workers compensation insurance-approved doctor for only one visit. Tell HR you would like a company doctor to confirm or deny your knee injury was independent from your toe injury. That only seems fair.

If HR refuses, then you may have to see your own physician to help diagnose whether your toe injury was the cause of your knee injury. If your own doctor can confirm the injuries are completely independent from one another, take that information and present it to HR. Hopefully, in the face of the diagnosis, HR will change its position and permit you to go through their workers compensation process.

If HR fails to change its position you may have to retain a workers comp attorney. This may help to change HR’s decision, and thereafter allow you to see a company doctor. HR may decide it’s not worth it to fight your claim, especially because you have retained an attorney.

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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