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Did I make a big mistake with worker's comp handling?

Brandon, FL |

A week ago, on 2/28, I dislocated my knee at work lifting plywood over my head to the second story of a house we were building. immediately after I went to a orthopaedic urgent care office.

Because I believed that the injury wasn't very severe I elected (with no outside influence) to state on the doctors paper work that it was not a work related injury to save me and my company time and hassle with the matter. I also resigned from my job afterwards, as i no longer feel able to keep up with the physical requirements.

I'm starting to believe this is more than a mild injury and have scheduled an MRI for next Monday.

Basically, if things are serious with my knee, is it too late to backtrack on my non work injury deceleration?

Attorney Answers 4

Posted

It is not necessarily too late, but you did create a potentially big problem. At this point, assuming you report to your now former Employer what really happened before 30 days from 2/28, the issue is going to be your credibility. If the Carrier believes your story, and they have no other defenses to raise, then "no harm, no foul," and they should pick up the accident and start paying benefits. If, on the other hand, someone decides your story is shady, they might deny benefits and force you to engage an attorney to prosecute a formal claim before the Judge of Compensation Claims. Again, assuming no other defenses (e.g., pre-existing conditions), the issue before the JCC will also be your credibility. Best thing for you to do would be to go see an experienced W/C attorney in your area a.s.a.p. to find out in detail what your options are, bcz the clock is ticking against you.

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Asker

Posted

as far as pre existing conditions are concerned, I had tendinitis in the same knee, which healed completely before starting the job. however, the person who got me the job is the number two guy at the company (and also a friend), knows about that, along with a couple other pre existing conditions...

Kenneth Brian Schwartz

Kenneth Brian Schwartz

Posted

It isn't the Employer or Carrier's knowledge of the preexisting condition that matters (unless, of course, you told them pre-hire that it didn't exist); it's whether the doctors think that the current accident is more than 50% of the cause of the current need for treatment. That's called "major contributing cause." If the MCC of the need for care is not the work accident, then the Carrier can deny responsibility for the injury, even if you reported it correctly from the start. Best thing to do is run your facts by an attorney as soon as possible. Most, if not all, will give you a free consultation.

Posted

No, it is not too late. Under Florida Law, you have 30 days to report to your Employer from the date of accident. I strongly recommend that you report the injury to your Employer immediately and explain why you indicated that it was not work related. Certainly, this could cause you some problems down the road, and your credibility might be questioned, but a legitimate explanation at this point could save you that trouble. You should consider consulting a workers' compensation lawyer in your area if you get resistance from your Employer or their workers' compensation carrier after reporting.

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Posted

Not to late, but you have made quite mess for yourself. Call a workers compensation attorney. You are going to need one at this point in time.

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Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Posted

I agree with Mr Harvey completely. And you will probably get nowhere without a lawyer.

Posted

I would make sure you put your request for workers compensation benefits in writing. Since you are no longer working for the company the employer might try to say your never timely reported the accident. Fax or email your request so as to leave a paper trail demonstrating timely notice of the injury within 30 days of the days of accident.

Chadwick J. Lawrence, Esq. Orlando, Stuart and Tampa Av rated by Martindale-Hubble, Superb AVVO

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