Visitor Question

Secondary Knee Injury Caused by Work Injury…

Submitted By: Lynnette (Kansas City, Missouri)

I was walking at work and due to my employer’s policy of wearing heals I tore up my knee and tore my leg muscle. While off due to that injury I went to do my physical therapy at home and tore my PCL in my other leg. Would this be considered part of my first injury since that’s what caused it? Is there any way for me to get compensation for it?

Workmans comp said it was not covered by them since the injury occurred at home. It took the workers comp doctor 5 months to even listen to me about my knee hurting. Now they are talking surgery and from what I’ve heard I really should not trust this doctor. Can I request another doctor? 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 Lynnette,

Under Workmans Compensation law in the State of Missouri you have a right to seek the advice of a second physician on the company’s list of physicians. In your case seeing an Orthopedic Surgeon would be the best bet.

You will probably have trouble getting Workmans Compensation Insurance to cover the additional injuries to your other leg. That injury, although arguably related to the first, will be considered an independent injury.

If, when seeing the new doctor she can affirmatively link your new injury to the first, there is a remote possibility the insurance company may capitulate and cover the additional treatment for your new injuries. If the insurance company will not cooperate you can consider further legal action, although doing so will be a difficult task.

You can always consult with a Personal Injury Workmans Compensation Attorney. Most will not charge any legal fee for an initial office consultation. Knowing your legal rights may be the best way to approach this kind of controversy.

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: September 11, 2011

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