Not sure if I can file????

[Julie]

Hi.

I am a personal trainer and group fitness instructor. I'm not exactly sure how or when I injured my ankle, but it was in March. I believe I twisted my ankle one night at dinner. But I continued to teach group fitness classes for weeks afterward. One morning after teaching class the evening before, I couldn't put any weight on my ankle.

I went to the doctor and he told me that it was tendonitis and to take Advil for 2 weeks. I told him that I wasn't sure if was "just tendonitis". He told me it was an occupational hazard and to take the antiflammitory and I'd be fine. I cut back on the classes I was teaching, took advil and after 4 weeks I went back to my doctor. I asked him for a referral to a specialist because it was not getting better. He told me that a specialist would not do anything for tendonitis. But he sent a referral to see a podiatrist. The podiatrist put me in an air cast and sent me to physical therapy. Again after 4 weeks I returned to him stating that the ankle was not improving. He finally ordered an MRI (8 or so weeks after original visit to my primary care dr).

The MRI showed a substantial tear of my posterior tibialis tendon in my left ankle. I've confirmed with the podiatrist and two top sports medicine doctors that surgery is necessary. The ankle will not heal on it's own and tendons need to be re-engineered, bones need to be re-aligned. I will be out of work and in a splint for 2-3 weeks. The doctor performing the surgery is recommending not working during this time because the ankle will not be well protected only being in a splint. I will return after the 2-3 weeks in an air cast and on crutches for 6-9 weeks. I will be undergoing physical therapy and a prognosis for almost full recovery will take 6-9 months.

My question, is can I file for workers comp? This type of injury is an overuse type injury. I dont know if it was caused specifically because of twisting my ankle, teaching group fitness classes or living a lifetime with flat feet and loose joints.

Is it worthwhile to file? Or do I just take a hit in wages for not being able to work for 2-3 weeks and not teaching classes for 6-9 surgery (post op).

Thanks for your help.

Julie

[1171]

you can if you were an employee at the time of the injury.
were you working at the dinner where you suffered the injury?

if you are unsure of the injury event, you will need a medical opinion to support one.

[Julie]

That's helpful, thanks. I was not working at dinner. I've had a few doctors check out the ankle and MRI. They each said that it's an overuse injury. A couple of them have stated that the twisting of the ankle could have been due to loose joints which could have been cause from overuse (teaching classes). The roll may have weakened the ankle further and continuing to teach exaggerated the problem. We're not sure exactly when the actual tear happened.

I'm not looking to get all my medical bills paid etc, I just don't want to have to use all my vacation time while I'm out. Is it worth even filing? I don't want to create any animosity with my employer.

Thanks.

[bronco54501]

In my oppinion, even though we have laws that protect us, you still could be fired.... If you are only going to be out a few weeks I would seriously think it over, it may cause hardship between you and employer. Proving when it happened may take time and if wc denies treatment then what.....? Waiting for a decision could be a lengthy time frame and if you wait it could do more damage... I know your concerns are the weekly income and I completely understand, but take some time and read some of the posts on here you will find things are not what they seem to be when your injured and file a claim............Just my oppinion.....

[1171]

(07-27-2012 07:41 AM)Julie Wrote:  That's helpful, thanks. I was not working at dinner. I've had a few doctors check out the ankle and MRI. They each said that it's an overuse injury. A couple of them have stated that the twisting of the ankle could have been due to loose joints which could have been cause from overuse (teaching classes). The roll may have weakened the ankle further and continuing to teach exaggerated the problem. We're not sure exactly when the actual tear happened.

I'm not looking to get all my medical bills paid etc, I just don't want to have to use all my vacation time while I'm out. Is it worth even filing? I don't want to create any animosity with my employer.

Thanks.

the levels of proof vary among the different states. if allowed in your state you could file on a cumlative trauma repetitive strain type claim.
again you would need the supporting opinion of your doctor.
the employer carrier could fight it with a contrary medical opinion; in which case it would have to be decided by the comp court.

most states have a waiting period from3 days to 3 weeks where disability is not paid until you've been off a certain number of weeks.

some states even exclude comp coverage for small employers.

without knowing your state there is no more I can offer.

[Julie]

Thanks for all your input. My employer is a great guy. We were both looking into this and without a difinitive cause of the injury I don't think I have a clear case. I have quite a bit of work that I can do at home while recovering from surgery so this will help with loss of pay.

I appreciate all the help....thanks again.

Julie