Visitor Question

Injured Knee Hurting Again…

Submitted By: Nikke (Anchorage, AK, USA)

In May 2011 I was injured at work from a patient attacking me. My knee was messed up and I was out of work for six weeks. I received one workman’s compensation check, then I was put in the office to work light duty.

Now the knee is hurting again exactly where it hurt before. Does workman’s compensation still cover the injury almost a year later?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nikke,

If your workers compensation claim is still open you are still eligible to receive further treatment. If, when you received the check you signed a Full Release then you may have some problems getting further compensation for the additional required medical treatment.

Contact the workers compensation representative. Tell that person your knee is still hurting. The representative or the insurance company’s claims adjuster will want to know if the pain you are now suffering is as a result of a new injury. If it is you may be out of luck.

Before anyone signs any release of claims they must be fully healed, or must be paid a lump sum to be used for any additional treatment. If at the time you endorsed the check and signed the release you were not fully healed, then you will have great difficulty reopening the claim.

All you can do is try. The insurance company has wide discretion when it comes to matters like yours. So don’t give up. If they want to help you they can.

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

Best of luck,

Published: April 15, 2012

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