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injuried while out for a workers comp injury
02-06-2009, 12:12 PM,
#1
injuried while out for a workers comp injury
I'm out for a work-related injury and on workers comp. I've injured a knee and have had arthoscopic surgery on it. This knee is a service-connected disability from when I was in the military. The VA treating dr./surgeon found 2 tears of the medial meniscus and did what they could to "fix it" and they have written a slip that says do not return to work for 30 days. I will have a follow-up soon to determine how the knee is healing. Meanwhile, I am wondering about my workers comp injury. I am still on restrictions that prevent me from returning to work but those could change. If my employer was able to honor the restrictions set forth for my workers comp injury and I can't return to work because of my restrictions set by my non-work related injury I would lose my workers comp benefits, right?
Life is what happens to you while you're busy making other plans.
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02-06-2009, 12:48 PM,
#2
RE: injuried while out for a workers comp injury
no, not entirely.
only the disability portion would be affected- medical treatment for the work injury would continue.
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02-06-2009, 01:41 PM,
#3
RE: injuried while out for a workers comp injury
1171 Wrote:no, not entirely.
only the disability portion would be affected- medical treatment for the work injury would continue.

So, if I am to understand you correctly if I am recieving TTD for my workers comp injury it will stop if I don't return to work? I can still go to my dr.'s appts. and recieve treatment for the work-related injury. That's assuming that the employer can find something within my restrictions for me to do....but my non-work related injury will prevent me from returning to work because of it's restrictions. This is a long shot but with the non-work related injury wouldn't I be able to apply for short or long term disability through my employer? I know that they have both but with things being as they are with the ecomony they will more than likely then terminate my employment. Am I correct in this line of thinking? Sorry if this is confusing...
Life is what happens to you while you're busy making other plans.
Reply
02-06-2009, 02:20 PM,
#4
RE: injuried while out for a workers comp injury
if you want to return to work after you knee heals - then you may want to fill out an flma packet has well - you can get the paper work from your employer. This will mean that they have to hold your job until your able to return to work -- unless you are up for layoff - then that could happen I think.

I know I filled out paper work for flma when my doctor pulled me from work for a couple of weeks while he was waiting on results from a MRI of my neck.
Reply
02-06-2009, 02:34 PM,
#5
RE: injuried while out for a workers comp injury
If there is a job available within your work comp injury restrictions temporary disability will stop whether you return to work for other reasons or not.
I am not familiar with the provisions of other disability insurance you or your employer may have. You should certainly contact them for your non-industrial conditions-- there may be an offset for work comp benefits.
You should also make sure you are covered by FMLA provisions which will protect your job and allow you to pay for continued health insurance.
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