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I fell at work and hurt my knee. When i finally went to the doctor and had my knee checked out I had a small tear but because

Indianapolis, IN |

of my arithits in my knee they can not list it as workmans comp and they want to cut my hours when I come back from surgery on my knee . Does an employer have to pay wages while you are off since you got hurt and work and can they cut your hours?

Attorney Answers 3

Posted

I am not a workers comp lawyer in Indiana, but I have specialized in representing injured workers in Florida. Normally, the employer and their insurance carrier "control' the medical care by choosing which doctor you see. If the doctor says you cannot work because of a work-related injury, you get checks. However, trusting your employer and insurance carrier is like trusting the fox to watch the henhouse. You NEED to get a workers comp lawyer to help you as soon as possible. I do not know if this applies to your case, but I have seen many cases where the doctor who sees the injured worker is someone who gets most of his cases from the insurance company and is someone who would send a "dead" person back to work! Or, as in your case, blame the problem not on the fall but on "arthritis". This is very common in workers comp cases....blaming your condition on personal problems such as arthritis and you must not accept what the doctor says without hiring a lawyer who knows all of the doctors in your area and can tell you who is fair and who to avoid. Get a lawyer ASAP..
Hope this helps you,
Sincerely,
Robert Shapiro
(not licensed in Indiana)

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2 lawyers agree

Posted

Your arthritis is NOT the reason you had surgery. Your fall is the reason you had surgery. You need to hire an experienced Workers' Compensation Attorney to represent you. There are many in Indianapolis. If you wish, I can refer you to someone.

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Legal Disclaimer:

Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links:

ccandiano@themargolisfirm.com
http://www.themargolisfirm.com

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Posted

The real question is what is the major contributing cause of your disability and need for treatment? Is it the arthritis or the injury from the accident?
You will need to address this with your doctor.
You should also seek legal counsel to assist you in further investigating and possibly pursuing any claim you may have for loss wages as a result of the accident.
An employer can cut your hours if they have no or limited work available for you within your restrictions. An employer can also cut your hours if they simply do not need as many hours from you. Again, you may be entitled to loss wages if related to the accident.
This is not a simple issue and really should be addressed with an attorney in your area.

This answer does not constitute legal advice. I am admitted to the Florida Bar only and make no attempt to provide opinions on legal issueas that are not relevant to that state. This advice is based on general principles of law and ethics that may or may not relate to your specific situation. You should not solely rely on this advice and nothing in these communications creates an attorney client relationship

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