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I got hurt at work, they did not want to pay for dr appt. What should i do?

Alpine, TX |

I got to work at 730am and i did not have pain. Around 9am i started to feel a cramp like pain in my right calf. One of my coworkers said i should wrap it so i did. Around 10am the pain went up my leg over my knee and thigh. I unwrapped it. I told my manager and she made me fill out an injury report. When the infection control got there she asked me what happened and i explained. She said it was not considered an in work injury. Because i did not physically hit my leg or knee. I said okay i understood and my manager said i need to go home. So i did. I stopped by my drs office and they sent me for tests. She said i sprained my knee and now it was inflammed? They saw a little bit of fluid in my knee. She said i might have sprained it at work? I was already having problems with work. Advice?

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Attorney answers 3

Posted

You will need to try to recall what you were doing that might have caused you to sprain your knee. If not they will deny it and will not pay for treatment. Even with the explanation it could be denied since you did not recall how it was injured at the time it happened. In that case you may need an atty to talk to about it.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. 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.

Posted

You need to get the assistance of an attorney. If you were in the course and scope of your employment when you suffered the sprain, it should be a compensable injury.

You need to fill out a first report of injury and turn it in to the Division of Workers' Compensation DWC-41 form. This will start the process.

Posted

Your case will likely have to be litigated. You need to file a claim and get the process started. The best way to do that is to hire an attorney. There are other cases like yours. The Appeals Panel of the Division of Workers' Compensation has held that an injury sustained while walking on the employer's premises is covered under workers' comp. Your case is no different. The problem is that adjuster's don't know or don't care about the law. That's why the law allows you to get your case in front of a judge so that you can get the benefits you deserve. Hire a good lawyer though because workers' comp is a legal process and the hearing is a legal hearing in front of a judge. The insurance company will have its lawyer, so you must have yours.

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