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Workman's Comp Injury While On WC?

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CGRAY

Member
What is the name of your state (only U.S. law)? AZ
I was attending a Federal Law Enforcement academy an sustained an injury. The result was being sent back home for a maximum of 45 days in order to heal. My bills were being paid by workman's Comp, but my salary is still being paid by my agency.
While rehabilitating from my injury, i sustained another injury. I was told that it was not covered since it did not occur at the training academy and if I were injured, I would be considered "physically unable to perform" and subsequently terminated.
My only instructions were to find a physician, follow their directions, and return as soon as possible. His instructions were to exercise heavily for 2 weeks and then return to him for follow-up testing. During this period was when I sustained the other injury.
My question is: If this injury turns out to be serious, is it considered work related and either continuation of wc or a new claim alltogether? or am I pretty much SOL as I am being led to believe?
 


UndercovrAngel

Junior Member
What is the name of your state (only U.S. law)? AZ
I was attending a Federal Law Enforcement academy an sustained an injury. The result was being sent back home for a maximum of 45 days in order to heal. My bills were being paid by workman's Comp, but my salary is still being paid by my agency.
While rehabilitating from my injury, i sustained another injury. I was told that it was not covered since it did not occur at the training academy and if I were injured, I would be considered "physically unable to perform" and subsequently terminated.
My only instructions were to find a physician, follow their directions, and return as soon as possible. His instructions were to exercise heavily for 2 weeks and then return to him for follow-up testing. During this period was when I sustained the other injury.
My question is: If this injury turns out to be serious, is it considered work related and either continuation of wc or a new claim alltogether? or am I pretty much SOL as I am being led to believe?

You don't mention what either of the injuries are, so it is hard to relate the 2 of them as being one injury. Your Dr would have to relate the 2nd injury as occurring due to the first ( causation) meaning that you were injured the 2nd time, because of and exclusive to the first injury.

If the 2nd injury has nothing in common with the first .. say the first injury was to your arm...and the 2nd an ankle sprain..then no, there is no way that it could be a work comp injury. However, if they are to the same body part or can be tied to the first injury, say a disk herniation first..and the 2nd being caused by you walking funny due to the pain from your back, then yes, there could be causation, and you would have to go to court to have the two of them accepted as one claim.

But, because you say that the 2nd injury happened while you were off of work on the first one, and not actually at work when it happened, then I would say the 2nd injury is not work related, and will have to be taken care of by your PCP and personal insurance.

Angel ^j^
 

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