Old Workmans Comp

[mrsborock]

What is the name of your state? Virginia

My husband was injured on the job in 1999, he required knee surgery and physical therapy, all of which was dutifully paid by workmans comp.
Recently, he has been having trouble with his knee again and went to an WC approved doctor, who advised him he still had "issues" with his knee due to his past injury. Not the normal scar tissue build up, but more specifically something that SHOULD have been fixed in his primary surgery that wasn't.
He will now have to have a knee replacement which will require him being out of work for a good deal of time. he no longer works for the company where the injury takes place and at his current job he is making double what he was then not counting over-time. I called the VA Workmans comp office and they advised us that he is no longer eligible for wage compensation, and even if he was it would only be for the amount he was making before. Is it advisable to seek a lawyers help?? Seems to me it isn't HIS fault he is going to be out of work because of an injury he did nothing to cause and because a doctor didn't fix everything that was wrong, so why should we suffer financially while he suffers physically??
Thanks!

 

[Beth3]

I'd guess your husband's original WC claim was closed quite some time ago. Did he recieve any lump-sum compensation at that time? If so, that likely was to cover any future medical expenses as well as any permanent partial disability he was left with. If your husband still has the "claim closed" notification and/or settlement paperwork laying about, that will provide this information.

Yes, he certainly is free to speak to a WC attorney but it's possible he cannot make any further claim for his prior injury. Without knowing the terms under which his WC claim was settled and closed, it's impossible to say however.

 

[mrsborock]

Thanks for the response. No there was no lump sum settlement. I went through the file we have on this and couldn't find anything that said it was "closed". That doesn't mean that it wasn't. However, they are currently paying medical for the doctors visits and cortizone shots, so I am assuming that he "at least" still has medical coverage. Granted this injury happened almost 5 years ago, but the fact that it wasn't fixed right the first time, combined with now knowing he is going to be out of work (and pay) for some time for recovery is very frustrating!!