Legal Question in Workers Comp in Illinois
Arthritis * Knee Replacement.
I had some knee pain in knee and went to a doctor he took fluid off my knee. he said I had OA and was a candidate for a knee replacement in the future. 1 yr later I was hurt on a job accident by a fall the injury on my same knee, and knocked my knee out of joint tearing knee cap and damaging joint beyond repair.And had emergency knee replacement..
Insurance Co, from work wont pay my bills or time off because they said my doctors records say I was a candidate for knee replacement a yr before. I was fine and a hard worker never missed any work til this accident, now they dis own me and refuse to pay anybills or pay me for being off work. Do I have a leg to stand on. My doctor did not say I needed a knee replacement at the time just a candidiate in the yrs to come. ?? Can I still sue the Co. over my bills and time offf from work. NOTE: he said candidate and never light duty no off work slip at that time, just removed fluid from knee. They say its a pryor injury. I say it was agravated by accident and no time or date by doctor was stated to replace my knee until my fall on that knee. As witnessed and reported by Job witnesess and hosp ermergency room doctors ??
3 Answers from Attorneys
Re: Arthritis * Knee Replacement.
Dear Sirs:
You may have a case, and Illinois law recognizes aggravation of a pre-existing injury as being compensable.
Please call to discuss.
We have been in existence for twenty-seven (27) years and have successfully handled many such cases in the past.
Thanks again,
John C. Wunsch PC
Law Offices
Re: Arthritis * Knee Replacement.
From what you have told me, your claim is absolutely compensable.
I see these situations on an almost daily basis.
Your injury is an aggravation of a pre-existing condition, which may limit you award for permanent injury, but should never result in a denial of medical care or temporary total disability benefits.
You need to call an attorney right away.
An "application for adjustment of claim" needs to be filed, as well as, a petition for an "immediate" hearing before an arbitrator.
Good luck,
Matt Belcher
Re: Arthritis * Knee Replacement.
Once again a lowly insurance dog of an adjuster is making medical determination to the benefit of his owners.
You have a claim. You must be compensated. Your injury occurred on the job. That you may have had a pre-existing condition is of no relevance other than to show that there was an aggravation--to what degree? That is for the medical records and doctors to determine.
Contact an attorney at once. Without an attorney, there is no way you can talk sense into these adjusters who have no allegiance to anyone but to the hands that feed them. They are good dogs in that way.
I can answer any questions you may have. But, you must move quickly. Even if you do not hire my office, get yourself an attorney.
I hope this helps,
Nima Taradji
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