Injured in Virginia May 2011

[Kadie83]

I was injured working for a chiropractor in Virginia last year. I was the only person in the office putting patients on traction and administering STIM therapy and after a while complained of my back hurting from bending to turn the dials on the machines. I was advised to squat instead of bend. Less pressure on the back.

This particular day I put a patient back on traction and standing up felt a pull in my right knee. I brushed it off but after I got home my knee had swollen to about the size of a softball. The swelling did not go away so I texted, yes texted for proof purposes, that I had hurt myself while putting someone on traction. The chiro then said I could come in and he'd look at it. He looked at it, did some therapy and wrapped it. The next day the pain was still there and the swelling did not go down. I told him, while at work that I needed to go to the ER. He didn't want to close the office so he said he'd administer some therapy again on it.

By the next week my knee was still in pain and I could not tolerate it (living on the 3rd floor of an apartment complex didn't help either) I let my boss know I was going to the ER. I got to the ER and was asked if I had filled out any workmans comp forms. I said no, I wasn't told anything of it. The receptionist then called my job and aksed if they would be covering my expenses. They said the injury did not occur at work so no. I insisted on filing for WC with my job and went through the process. My hours also began to be decreased at this time at my bosses discretion. He would ask me not to come in to work and other things. I later came to find out he'd hired someone without my knowing (long story behind that). I spoke with his insurance company and they said they would not cover my injury because it was not work related-which is was.

Fast forward. Due to me not having insurance and not being able to afford doctors visits (I am still owing for the ER visit), I couldn't do anything. I had to work too. My past job afforded me health insurance which I utilized to get an MRI. I JUST got the results today and was told I had a torn meniscus.

I've already filled for workmans comp a last year. I want to know what I need to do now. I will probably have to get surgery on the knee.

Thanks in advance

[1171]

you need to appeal the denial by sending a request for hearing to the work comp commission.
more information including forms here

http://www.vwc.state.va.us/portal/vwc-we...redWorkers

and here
http://www.vwc.state.va.us/vwc-portlet-c..._guide.pdf

[Kadie83]

Thanks for the links.

Do you think I should hire a lawyer? Will I have a better chance/case?

Thanks again

[1171]

I don't know anything about the evidence.
whether you have a medical report from the original doctor that shows the work injury or how the employer intends to refute your text.
just the fact that many months have elapsed without you pursuing your case may make it necessary to get representation.

[jayc123]

an attorney wil know the best way to go about it. if you do get an atty dont just sit back and let them do everything, double check everything your told by them. alot want a fast payday without your best interests. good luck

[Kadie83]

I think that is what happened in my case regarding a fast payday. I contacted a lawyer, they got all my medical information and such as well as the response from my ex employers insurance company. All of this was reviewed and I was told they would like to represent me. I drove 2 hours to a consultation only to be told that they couldn't represent me. The most I'd possibly get was like 5k due to the wording of the insurance denial.

They lawyer did tell me I could seek other advice but I'm somewhat dashed. I've been forced to go back to working (I've used up all my savings for rent) which has resulted in my knee getting worse again. I stand for 5-7 hours per shift, no sitting. Not gonna lie, I do feel a little dejected. I had my hopes up. I plan on being a nurse and starting courses for LPN in September. I'm fearing this won't be possible due to nursing being predominantly being on your feet.

They lawyer did also suggest disability. How does one go about doing that?

Thanks for any advice

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(03-30-2012 09:19 PM)1171 Wrote:  I don't know anything about the evidence.
whether you have a medical report from the original doctor that shows the work injury or how the employer intends to refute your text.
just the fact that many months have elapsed without you pursuing your case may make it necessary to get representation.

I did file for WC and have a claim with them. The only reason it took so long was when I did contact a lawyer they said I needed medical evidence of an injury. I did not have the funds at that time till now because of insurance through my job. I did get an MRI which showed a torn meniscus and some other knee injury. I was also supposed to have arthroscopic surgery to repair it but due to it being pre-existing, I was unable to have it. I was told recently that if I had not had any doctor contact 6 months prior to having my insurance it would not be a pre-existing condition (which I had not) I no longer can afford the COBRA insurance offered to me so I can't even pursue that.

Thanks

[jayc123]

The time delay seems like it could be a problem proving when it happened but you should have the paperwork from when you originally went to the ER to show the dates(if not contact the ER). I would contact another WC lawyer and have a ton of questions written down to ask every angle of your case including what your course is if they can't help you, but they should be able to with that proof, good luck