Legal Question in Workers Comp in Illinois

Knee Replacement

I was hurt on the job and reported it for knee pain and swelling, after going to the doctor it showed in x-rays that my knee had been severely damaged and broke off at knee cap, he said there was no fix, because of arthtritis in joint but to do a complete knee replacement. After telling the Company of my Doctors decision they said your laid off and all you did was hurt your ankle and we will not pay for a total knee replacement. Because I had arthritis in it noted 2 yrs before and doctor reported it as one day you will need a knee replacement.

I slipped and fell 15 ft. hurting myself. And it was reported at the time with 7 witness`s , but now it comes out from the insurance Co. that i only reported my ankle as hurting. All lies. what do i do ??


Asked on 1/09/09, 9:50 pm

5 Answers from Attorneys

Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Re: Knee Replacement

I highly recommend you consult with an attorney ASAP. If the insurance company and your employer are denying liability for your case based on arguments that you never reported your injury properly or that you had a pre-existing condition, you will need the help of an experienced lawyer to aid you.

First, I strongly recommend you begin creating a list of all persons whom witnessed your knee injury - not just the ankle, but who would testify that they either saw you hurt your knee, or that you complained to them of your knee hurting the day of the accident or only days thereafter. Also, note the name of the manager or supervisor you reported the knee pain to. If your medical records on your initial days of treatment also indicate you complained of knee pain - then you have a great chance of winning your case if you also have witnesses to back you up.

I have handled many such knee injury cases in the past and would be more than happy to sit down with you for a free consultation. Feel free to contact me at my information on this web site, either by phone or e-mail.

I look forward to hearing from you soon. Best Regards,

Jason Marker

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Answered on 1/10/09, 3:04 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Knee Replacement

You need to hire an attoenry. If you do not know one you may call me and I will refer you to one of the very best.

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Answered on 1/11/09, 10:33 pm
Matt Belcher Belcher Law Office

Re: Knee Replacement

The short answer is that you need an attorney. I wish I could provide you with all of the guidance you need in a few simple paragraphs but honestly you need to sit down face-to-face with an attorney who is well versed in Illinois Workers' Compensation law.

Please gather your medical records and call a few offices for appointments.

The consultation should be free so you will not have anything lose.

Good luck,

Matt Belcher

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Answered on 1/10/09, 12:04 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Knee Replacement

Dear Sirs:

In addition to other workmen's compensation benefits you may be entitled to a wage differential as well as future benefits.

Please call to discuss.

You also may have a right to file what is known as a "third party" claim.

With best wishes, I remain

Very truly yours,

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 1/12/09, 9:36 am
Scott A. Blumenshine Blumenshine Law Group

Re: Knee Replacement

What you do is get the law on your side.

Find an experienced lawyer with whom you are comfortable.

The sooner the better. Do not give any

statements to your employer or their insurer until you obtain legal counsel.

I would be glad to meet with you for a free, no obligation consultation

at your home, or in my downtown or

suburban office.

I wish you the best.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

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Answered on 1/10/09, 9:15 am


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