Workmens comp?

Question: My husband got injured on the job 3 or 4 years ago.The doctor was ready to do surgery since my husband tore a ligament.Then the docotr (probably didn't feel like dealing with workems comp) and just put my husband on Physical therapy.My husband now delivers the mail and his knee hurts like crazy and he bought a $500 kneebrace but it only helps some.How long is work-realted injury injury-benefits good for? Now the docotr tells him he needs surgery ASAP,but who will comensate my husbnand when he recovers? Recovery will be 6 months!

Answers:
With ALL workers comp cases, there is a legal deadline by which the claim must be filed.
1 - Has your husband already filed his claim? If so, and if the claim was accepted, then he should NOT have to pay for his knee support. If he still has his receipt, he can submit it for reimbursement. $500 is a lot of money.
2 - When your husband was injured 3-4 years ago, was the injury the result of DIRECT TRAUMA, or was is the result of REPETITIVE TRAUMA?
The reason I ask, is because the workers comp carrier handles the above types of injury in very different ways.

IF your husband had filed a claim on the basis of Repetitive Trauma, then he may be able to re-open the claim, on the basis of an recurrence.
IF, on the other hand, he had filed a claim on the basis of a specific injury before, and he has a NEW injury, then he must file a new claim.

4 - IF he DID file his claim, AND the claim is compensable, AND he has been receiving medical treatment all along, then the doctor needs to send a request for surgery to the workers comp carrier, so they can pre-approve the surgery.
The surgery MUST be pre-approved by workers comp, otherwise your hubby may NOT be eligible for TTD (Temporary Total Disability) wage benefits.

If you want a Forum setting visit www.Prairielaw.com

For additional workers' comp insights check out
http://www.GettingWorkersComp.com

Other Answers:
If this injury happened on the job 3 or 4 years ago, you should be used to the ins and outs of worker's comp. Also "delivers mail" as in U S Postal Service, government job? Doctors are their to treat and if they feel physical therapy is warranted, it is - not probably just didnt feel like dealing with workers comp. Your husband may have settled on this injury, therefore leaving him liable for any future problems. If that is the case, then his health insurance will cover the cost of any surgery but as far as being compensated for time off work, he's on his own.

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They should be able to reopen the case. In Michigan We have dealt with cases that were closed and if the Doctor will express to the Workman's comp people that this is a direct cause of this injury then the case should be re opened. If not seek a lawyer as you should be compensated He should report his knee problem to the HR department. They will be able to start a new case if they closed the last one. It would also be a good idea to research the work comp laws for your state. As a matter of fact he should have gone to HR before buying that brace because the doctor could have written out a prescription for it if he felt that was what he needed and it would have been covered under worker's comp. You should ask your husband if he selected to have short term disability. It kicks in a lost sooner than long term. For most long term disability you have to be off work for 6 months before it kicks in. It would really be in his best interest to speak with his HR department.

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