WC acl replacement

What is the name of your state? wi
on 8-3-05 I fell off a loader at work and crushed my menisci and town my ACL 3 weeks ago I had surgery to correct the problems "removal of the menisic and ACL reconstruction." I have been in extreme pain since. my question is that from what iv been reading because they removed the cartilage in my knee. Sometime in the future I will need total knee replacement. no telling when could be 5 years or 20 who is responsible for the costs of that? and if I accept a partial disability settlement will this affect the future. if not then in the future when I need the knee replaced do I get another settlement for that?
thanks.....

Michael, I am not lawyer, but in your situation I would not settle your work comp claim without medical benefits for the rest of your life. When they do decide to send you back to work, if they do, they will probably offer you a just a monetary settlement to get rid of their responsibility to you. In your case I would get a lawyer when the time comes to settle.

I am not a lawyer either but I am an occupational nurse. I would agree that you should not close medicals. States vary on this and in some states the courts will never close medicals.

When you get an impairment rating you will be offered a monetary amount. Sometimes they will add a little extra to it if you will agree to close your medicals. If you close medicals you will be responsible for any future cost associated with this injury. If you don't close medicals your current employer will be responsible. You should consult an attorney or at the very least talk with the Department of Labor Worker's Comp. Division. They will usually guide you in the right direction.

any idea on how long the statue of limitations will run on something like this? like for example if in 15 years I need total knee replacement do to the removal of the meniscus. Will WC be responsible for this? Another thing is that im post op for 4 weeks now and at a pain rating of 7. the physical therapist is sending me back to the DR. for review because he said it's unusual to be in this much pain 4 weeks out. any one out there had this done with good results and how long did it take for the pain to subside. its getting really frustrating. the physical therapist acts like its my fault that im having so much trouble with this. I haven't even seen the surgeon since the operation I keep seeing the physician assent because the sergeant is so busy. I feel like he is running an assembly line. Do you think I should get a second opinion or what.

I want to thank all the people here for there advice and help your making this a little more tallable.

sincerely Michael

mmichael53534 said:

any idea on how long the statue of limitations will run on something like this? like for example if in 15 years I need total knee replacement do to the removal of the meniscus. Will WC be responsible for this? Another thing is that im post op for 4 weeks now and at a pain rating of 7. the physical therapist is sending me back to the DR. for review because he said it's unusual to be in this much pain 4 weeks out. any one out there had this done with good results and how long did it take for the pain to subside. its getting really frustrating. the physical therapist acts like its my fault that im having so much trouble with this. I haven't even seen the surgeon since the operation I keep seeing the physician assent because the sergeant is so busy. I feel like he is running an assembly line. Do you think I should get a second opinion or what.

I want to thank all the people here for there advice and help your making this a little more tallable.sincerely Michael

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I can't offer you help on the workers comp portion, but I had ACL surgery in Dec, 2004. They used a cadaver ligament and titanium screws and bone "dowels", if you will, to replace it. Do you have the good ole numb area where they had to cut through all those tiny nerves? I understand that's common.

How often do you attend physical therapy? What are they doing? Are they using the TENS (sp?) for stimulation? Maybe you just don't have the right PT. My surgeon was great, the therapist was great, but a lot depended on my determination. I was still in some pain at four weeks out, but I wouldn't have called it a 7, more like 2 or 3. Hope this helps you determine what YOU should do. I've heard from people who sailed thru it, and others who have needed surgery to correct surgery. Good luck.

yes where they made the incision there is a numb spot but that doesn't bother me the used the hamstring tendon on me and im not sure on what kind ok screws they used. I go to pt twice a week, I have no idea what TENS (SP) is. As far as my pain goes its way down deep in the bone feeling if that makes since it hurts like hell just sitting around and kills if I have to walk on it. I see the surgeon that performed the surgery on Tuesday I was thinking of getting a second opinion but am going to wait until I talk to see what's up. I don't know if you had the meniscus removed two I guess that can also cause problems if there is still mater floating around there. oh well we will see?

mmichael53534 said:

any idea on how long the statue of limitations will run on something like this? like for example if in 15 years I need total knee replacement do to the removal of the meniscus. Will WC be responsible for this?

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I am not sure about WI but in TN there is no "Statue of Limimitations" as far as being responsible for an injury. WC is responsible forever as long as it is related to the original injury. However, if you reinjure that knee and cause further damage requiring surgery WC would not be responsbile for the surgery. Like I said the laws are different in each state so check with your local DOL WC division. The website for WI state WC is http://www.dwd.state.wi.us/ You may find some answers there.

You should make an appointment and tell them you want to see the surgeon. You have a right to see the MD instead of a PA. If they tell you he/she is too busy then tell them you are getting a 2nd opinion. You have a right to get a 2nd opinion but may have to pay for it yourself depending on your states WC law.


Good luck!

Georgia. Mike I feel for you. I fell 2 1/2 years ago and have just found out that my 2nd ACL surgery(same accident)that i had done in january 05, has failed.The first was done in June o3(cadaver)The last was a patellar tendon. I was jus fitted for a permenant EBI brace and my surgeon is consulting a colleague for help with me. The pain is ongoing for me has never felt good and have had problems walking from the get go.Don't give up and if the pain persists press for MRI. Call the office everyday if you have to.If they don't recognoze you write a letter to workmans comp(make copies of everything and send certified)demanding intervention. You are aloud 1 MD change for your issues. Hope this is a help. I plan on starting a web page for all my drama good luck!

simikats said:

Georgia. Mike I feel for you. I fell 2 1/2 years ago and have just found out that my 2nd ACL surgery(same accident)that i had done in january 05, has failed.The first was done in June o3(cadaver)The last was a patellar tendon. I was jus fitted for a permenant EBI brace and my surgeon is consulting a colleague for help with me. The pain is ongoing for me has never felt good and have had problems walking from the get go.Don't give up and if the pain persists press for MRI. Call the office everyday if you have to.If they don't recognoze you write a letter to workmans comp(make copies of everything and send certified)demanding intervention. You are aloud 1 MD change for your issues. Hope this is a help. I plan on starting a web page for all my drama good luck!

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Simikats...

Not sure where you are located in GA, but I know the names of a couple of Orthopedic Surgeons that may be able to help you. If interested, post back and I will give you the names....They are both in Atlanta, near Northside Hospital and the GA 400 Connector.

abaga said:

Simikats...

Not sure where you are located in GA, but I know the names of a couple of Orthopedic Surgeons that may be able to help you. If interested, post back and I will give you the names....They are both in Atlanta, near Northside Hospital and the GA 400 Connector.

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I am on the southisde of town 28 miles from ATlanta Medical Center Thanks

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thank you all for the advice you have given. If I could do it over again I would never let them carve me up like a pumpkin. its a catch 22 with workers comp. if you don't let them do the surgery they won't pay any benefits and if you do get the surgery and get messed up you cant even sue WC. Now I'm looking for a new doctor but any of the good orthopedics won't touch me on the grounds that they don't want to step on the foot of the last doctor. I have done a lot of reading on this ACL surgery and 1 out of 10 fail and peoples knees are never the same and worse off then if they wouldn't have been touched. My advice to anyone considering ACL reconstruction. Try EVERY OTHER OPTION before going under the knife. I have a very high Torrance for pain and this is the worst thing I have ever gone through. Good luck to all who have to have this done!!!!