Workers comp denied what next?
My husband injured his knee crawling around on boxes, looking at inventory at work. This happened around Thanksgiving. He went to the doctor that Friday, they claimed it wasn’t injured that it was something else and prescribed meds. Well, a week later the knee continues to worsen and he goes to the doctor his work recommended, due to workers comp and they know he injured it at work. They did x rays and prescribed a steroid to help with inflammation. Well on the steroid, he was doing some better and continued to work, but still did not have full use of his knee. The meds ran out last Friday,and he spent the weekend in serious pain and he couldn’t use his leg at all, in fact the only time he would get up was to go to the bathroom. Returned to the dr on Monday and they said he needed an MRI to make sure that their diagnosis was correct, so we have waited all week and today we found out that workers comp has denied the claim. They claim, he could have injured his knee anywhere and since he didn’t fall off the boxes and bust his head, they won’t cover anything.
So now, he has been out work with no pay for a week and it will be even longer, because the knee is not healing. We go for an MRI next week, which we will have to cover with our insurance. We have no clue, what will happen next, but we cannot continue to pay bills and etc. without his income.
Most of our family and friends have told us to contact a lawyer before doing anything else. We can also request a hearing about the workers comp. So where do we go next? This has been very frustrating and something needs to be done before it’s too late.
Any serious advice is appreciated.
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It’s very possible he had a pre-existing condition and the crawling just aggravated it. Not necessarily caused it. So this might be very hard to win. The main thing is to find out what the real issue is and get it treated. Does he have degenerative disease? Arthritis, in other words? He may need to be on anti-inflammatories for some time. And to wear knee pads if he is on his knees. That is another thing. This was something he could have done to prevent this, correct? Or this part of his everyday job?
If it is, then they should have some sort of safety policy in place about this. But I don’t know what it is exactly you are pursuing. Do you not have insurance to cover the medical bills?
Edit: Sorry I just read you do have insurance and the issue is no pay. This company doesn’t have sick time at all? Then he might check and see if they have short term disability. In the meantime, he should treat this aggressively with ice and heat, sports creams, and Ibuprofen. If it is so painful he cannot bear it, then he should go to the ER. There are very few things that are so severe but if it is, it should be checked out faster.
Go to a lawyer that does wc in your area they will help you get things done.
the first meeting is usually free and they will answer your questions and tell you if you may have a case.
ibuprofen is definitely the best OTC painkiller for me. It helps me
a lot to deal with my muscular pain..~;
Thanks for a great post and interesting comments. I found this post
while searching for some song lyrics. Thanks for sharing this
story.
ibuprofen is really effective in keeping the pain out.~”:
ibuprofen is one of the best pain killers with few side effects*”"
I just found out I was denied for an pre-existing condition. I went
to sit down and the chair rolled out from under me. I now have no
use of my right arm due to two full thick tears in my rotator cuff.
I am a very active person. I played tennis 2 – 3 times a week and
workded side jobs to make ends meat. I was only on the job two
weeks when this happened. Because i had been out of work for over a
year attending the college where I now work temporarily part time
until i get a full time job, I continued to work. I have been in
horrible pain and can’t even hardly take care of my personal needs.
My employer knows that from time to time I had a sore shoulder from
playing tennis. I don’t deny that. What I do know is when I fell
that day, it finished me off. My accident happended on July 29,
2010. I had to wait about three months to get an authorization for
a MRI. Now the Dr. says I need surgery. WC denied it. I have been
evicted and now am homeless. I can’t go out and make extra money
because I have no right arm. (right-handed) I am working for the
college that I just graduated from temporarily until i find full
time work. I didn’t pay $17,000 and go to school for a year to file
a workmans comp claim. I WANT TO WORK!!! Now I have to wait for my
Dr.’s report. My co-workers lied on the investigative report about
several things. I feel so alone. My attorney doesn’t call me back
and they make me feel bad when i actually do get them on the phone.
I just want to get my shoulder fixed and get on with my life.