Visitor Question

Workers Comp Knee Injury…

Submitted By: Marietta (Columbia)

I incurred an knee injury on the job. My knee has been losing strength and giving out since then. I went to the doctor, then got up, lost the strength in my knee and fell, re-injuring the same knee. Is this the same workers comp case?

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 Marietta,

Marietta:

Determining whether a subsequent injury is an exacerbation of a previous injury, a new injury, or a continuation of the same injury, is very difficult. Whether you are seeking to increase the degree of your disability or to continue to take time off from work to recover from your injury is important to know.

If your treating physician is willing to write a medical narrative confirming that your continuing symptoms, including the weakness in your knee, are a direct and proximate result of the initial injury is of the greatest importance.

Without such a medical narrative you will have great difficulty convincing the Workmans Compensation insurance carrier your continued knee problems are directly related to the initial injury.

If your present treating physician will not write such a medical narrative and you disagree with her diagnosis and prognosis you have the right under American Law to request your employer provide you with a list of other physicians from which you can choose for a second opinion.

Regrettably our expertise is limited to American Workmans Compensation statutes, rules and regulations and not those of the country of Columbia. In any event you should seek counsel from a local Personal Injury Attorney. She will be better able to advise you of your rights.

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 29, 2011

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