injured

[cshaljr]

One year ago I was working for a NC state beach facility as a member of their beach patrol. My knee was injured during a training exercise in which I tore the medial meniscus in my right knee. The injury required surgery. I was paid for two months through workers compensation and the State of NC paid for the initial surgery. I no longer work for the state of NC and over the course of the past year I have experienced some difficulty with the knee, but nothing I felt the need to seek medical attention over. Recently, however, the same injury was re-aggravated as the meniscus was torn again in the same place. Now I face another surgery. The doctor had released me as having no permanent partial disability, and the state's insurance company informed me that they believe that this is a seperate, unrelated injury. I do not believe that this is the case. I do not know of anyone with a healthy knee, which i supposedly had, tearing the cartilege by simply swinging a softball bat. Could there be a case for a monetary settlement against the state of NC for pain and suffering or because this injury has seriously hampered my life. The insurance company said that "they don't know what i've been doing in the past year, activity wise" so they are no liable for the "new" injury. If the knee was 100% why would it have torn again so easily. Am I supposed to just become a couch potato because I messed up my knee while working for them? Please help, is there anything I can do?

 

[CHERI]

I WORK FOR A ORTHOPEDIC SURGEON AND HAVE MOSTLY WORKERS' COMPENSATION CASES AND WORK ALOT WITH WORK COMP ATTORNEYS- I DON'T KNOW THE STATE LAWS THERE, BUT HERE IN CALIF. YOU NEED TO GO TO A DR. THAT CAN DETERMINE IF THIS INJURY IS STILL RELATED TO THE PREVIOUS DATE OF INJURY. IF YOU HAVE AN ATTORNEY ASK THEM OTHERWISE YOU MAY WANT TO FIND AN "APPLICANT" WORKERS' COMP ATTY. YOU OBVIOUSLY NEED TO SEEK MEDICAL TREATMENT TO DETERMINE THE CAUSATION OF THE RECURRING KNEE PROBLEM. IT ALSO DEPENDS ON IF YOU SETTLED YOUR CASE WITH/WITHOUT FUTURE MEDICAL TREATMENT OR IF YOU LEFT IT OPEN. GOOD LUCK.

 

[CHERI]

I WORK FOR A ORTHOPEDIC SURGEON AND HAVE MOSTLY WORKERS' COMPENSATION CASES AND WORK ALOT WITH WORK COMP ATTORNEYS- I DON'T KNOW THE STATE LAWS THERE, BUT HERE IN CALIF. YOU NEED TO GO TO A DR. THAT CAN DETERMINE IF THIS INJURY IS STILL RELATED TO THE PREVIOUS DATE OF INJURY. IF YOU HAVE AN ATTORNEY ASK THEM OTHERWISE YOU MAY WANT TO FIND AN "APPLICANT" WORKERS' COMP ATTY. YOU OBVIOUSLY NEED TO SEEK MEDICAL TREATMENT TO DETERMINE THE CAUSATION OF THE RECURRING KNEE PROBLEM. IT ALSO DEPENDS ON IF YOU SETTLED YOUR CASE WITH/WITHOUT FUTURE MEDICAL TREATMENT OR IF YOU LEFT IT OPEN. GOOD LUCK.

 

[cshaljr]

Thank you for resopnding, Cherri. I have never signed a release or anything to that affect, so to my knowledge the case has not been settled. My doc. appointment is next week. Thanks again.