Visitor Question

Previous knee injury is acting up…

Submitted By: Cynthia (Iowa)

I injured my left knee last year at work. I had a torn lateral meniscus and that was shaved off. I’ve been doing good the last 6 months or so. Now all of a sudden, my knee is starting to give out and I can’t bear weight on it.

Would this still be covered by workers’ comp, even if the claim was closed? Do I file a new claim? What do I have to do to re-open to the claim? Thanks for any info you can give.

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 Cynthia,

Whether or not your injury will be covered under workers’ compensation will depend on whether or not your latest injury occurred within the pursuit of your job duties. If so, there should be no question that your medical, chiropractic, and therapy bills will be paid, along with about 2/3rds of your lost wages during the time the doctor orders you not to return to work.

Your current claim doesn’t appear to involve a new injury, but instead an exacerbation or your previous on-the-job injury. It shouldn’t matter. The bottom line is, you were injured on the job, and that your injury was aggravated while performing your job duties.

Contact your employer or the insurance company. Tell them you have been injured on the job and need to see a list of doctors on the approved list.

Try to seek out the doctor who treated your initial injury.

He or she will likely be familiar with your previous injury, and will be able to tell with a high degree of medical certainly that your current pain and discomfort is directly related to your job duties.

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: June 24, 2014

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