Visitor Question

Second Knee Injury While on Workers Comp for a Different Injury…

Submitted By: Anonymous (USA)

I hurt one of my knees while working. I had surgery about 4 years ago. I’m still on workers compensation but working a light duty position at the same place where I got hurt.

Well now my other knee is starting to bother me. I’d like to know what would happen if I hurt my “good” knee while I’m on workers compensation because of the other one? Do I file a separate claim or is it part of the first one? How should I handle this? 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 Anonymous,

Consult with your workers compensation representative. She could decide to handle the new injury as a new claim, or reopen the previous claim and go from there. You have a duty to mitigate your injuries so be sure to contact your supervisor or workers compensation representative as soon as possible.

If your new injury can be remedied by physical therapy, cortisone shots, or if it needs to be drained, it is better to take care of it now before it gets worse.

As time passes there is always the possibility you may exacerbate the new injury by doing something away from work. If that happens you will have a hard time convincing the workers compensation representative the injury resulted from your job duties.

Often when one knee is damaged the other knee has a tendency to overcompensate. When that happens there is usually more stress put on the healthy knee. After a while the healthy knee can become overworked and more prone to injury.

Act now. You have everything to gain and nothing to lose.

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 24, 2012

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