I live and work in Kentucky and I injured my ankle during my civilian job approximately 10 years ago.
I received a Workmans Comp claim from that injury but I also had it included that any future medical treatment would be covered. Ten years and three surgeries later I have had no problems with Workmans Comp.
I am also an Army Reservist and 10 years and three surgeries later I am feeling the wear and tear on my ankle. It has started to affect my military performance and it has been suggested that the wear and tear of military service, and a two year deployment back to active duty, has contributed to worsening my injury.
My question is, if I receive a disability from the military on my ankle for the contributing wear and tear, does that effect my civilian workmans comp claim and my free medical treatment from the civilian side?
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.
In all likelihood, any compensation, including the cost of medical treatment paid for by the military, may be deducted from workers compensation benefits. Most states, including the State of Kentucky, do not allow “double dipping.” Workers compensation has a right to reimbursement of benefits paid by a third party for the same injury.
You would be well-advised to evaluate the present status of your injury and decide which entity, the military or workers compensation, will be able to provide the most thorough medical care for your injury. From the facts you present your injury was not classified as a disabling one. As a result, there doesn’t appear to be the likelihood of a cash payment in the form of a settlement agreement.
Speak with representatives from the military and from workers compensation. Ask them directly about the right to reimbursement. It’s better to know now, rather than having to deal with the issue at a more inconvenient time.
Learn more here: Maximizing Workers' Compensation
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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