Visitor Question

Refused treatment for injury to my already injured knee?

Submitted By: A (USA)

I have been on workers comp for 6 months due to an on-the-job injury to my knee. My knee has been getting weak and giving out since the beginning and it has been noted by my doctor. I have also been in physical therapy to help my knee.

Last week my injured knee gave out on the stairs and I fell and hit the same injured knee on the stairs. I called my doctor because my physical therapist suggested I give them a call. They told me this was a new injury and they would not see me.

Are they allowed to do that? Is this really considered a new injury? It was to the same knee and the only reason I fell and injured it was due to the existing injury. Any perspective you can give on this would be much appreciated. Thanks.

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 A,

In a word, “Yes.” It’s probable after calling your doctor, the doctor contacted the workers compensation insurance company. This was done to confirm the doctor would be paid for providing treatment to you for the new injury. It is likely after speaking with the doctor the insurance company decided the injury was new, and that your injury did not occur while you were “on the job.”

You do have an argument that your new injury was exacerbated during treatment, and as a result should be included in your treatment. Unfortunately, that argument may not be strong enough to persuade the workers comp insurance company to change their mind.

There’s nothing wrong with your calling the insurance company and trying to persuade them. You have every right to do so. If you are determined to pursue your claim for additional treatment and benefits, you might consider consulting with a workers compensation attorney. If you are already represented by counsel, he or she may be able to convince the insurance company to change their mind.

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: November 19, 2013

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