Arthritis and workman’s comp | Arthritis Information

My frist workman's comp experience has been going on now for almost 20 years. My right knee recieved a Acl tear at work and that started it all. I am on my 3rd ACL repair and have developed some pretty bad arthritis from the injuries. The second acl surgery left my knee popping forward for 4 or 5 years till my last surgery. That was the biggest factor that caused the bad arthritis. Now my workman's comp it trying to tell me they are not responsible for the Arthritis. Are they responsible????

Also during that period of 4 to 5 years where the knee was popping forward and the doctors were not believing me, I had a fall down the stairs that was caused my that workman's comp knee popping forward. I substained another ACL tear in the Left knee and broke the lower let in that fall. Workman's comp of course will not pay for this. What would you do????

Ginger957

Not that I don't sympathize with your situation....because I do; but as a wife of a business owner I can also see the point of the Insurance company as well.

I don't know. That's a bad situation for sure. I hope things work out for you.....it really sounds horrible.

   Hi Ginger,
   Good old workman's comp, you got to love them! I don't know what state you're in but in Ca. there's a cap on how far back you can claim.
   As far as the fall down the stairs, if it was at work, then it's workman's comp. You have to be injuried at work or while doing your job.
   Arthritis isn't consider workman's comp injury. If you can prove that your injury was due to repeative use or motion from work, then it's workman's comp. The trick is that you need to file a claim each time that a injury happens!
   With me, I can't claim my knee injury as I have very bad arthritis and it has weaken the knee. My job doesn't help as I'm on my feet for 8 hrs at a time. If I had slipped at work and injuried the knee, then I would have to file a claim to get the workman's comp. If I did they would fight it and now you're looking at delayed treatment and maybe getting a lawyer.
   So if you really feel that's a work related injury, then file the claim but be perpare to fight.

    Marisa

They were actually going to do a workman's comp regarding my shoulder problems. But that didn't sound right to me because I already knew what the MRI showed. I mentioned it also to my Rheumy and he said it's not workman's comp.

However, that said, your situation is different. You fell at work. At the time, your doctor's did not believe you had an injury. Did they document this, take films, etc. Did they even diagnose you with RA at this point. I think only consulting a Workman's comp lawyer would give you a real answer. You would have to have supporting documentation, medical records and as Marisa said, there might be a cap on the time allowed to file.

I think I would just see what your medical insurance will do for you. Usually, people do not face a better recovery using Workman's comp. That is probably because of all the paperwork and delay. I'd want to get repaired. Even if you can prove you should get Workman's comp, how long before the issue is settled? If you go ahead and get all the treatment you need, can you be reimbursed through Workman's Comp. I don't know these things.

If you have to consult a lawyer, you usually can do a one time appointment to see what they think the validity of your situation is. If you do this, bring as much information with you to the appointment as possible, dates, doctors, anything along questions. This way you will get the most for your money.

It's a really hard call as I don't understand Workman's Comp very well.

I did fall at work because of water on the floor. Needed my frist surgery at that time. I had no arthritis when this whole thing started. When the surgery was done, the screw backed out and within a year I was back into surgery. This second surgery was not really done right either. I came out of Physical Therapy with my knee unstable and popping forward. The doctor chewed me out then not believing it and braced me. Now 5 years later I have my last ACL surgery and the artritis is really bad. They say that they aren't responsible for the Arthritis.

I am disabled now and don't work because of this problem and others.

Many folks end up with arthritis after various surgeries. I'm afraid that's just a course of nature. I'm not sure you can blame it on anyone. After breaking a bone it can also happens too. Arthristis can easily set in after something tramatic such as a common break.

Please don't take that the wrong way. I don't mean any disrespect.

Lovie,

Everyone has their views and you are entitled to yours. I am quit young for the amout of Arthritis. I will have a total knee replacement way before 60. I realize lots of things cause Arthritis.

Arthritis is also formed by a surgery done wrong which leaves a joint unstable. Can you imagine the amount of damage caused from that. These surgeries were peformed by workman's comp doctors.

Who is to say that Arthritis would even be in my knee or very little amount of it without the injury substained at work. If I thought the Arthritis would be there without the injury from work, I would agree with you.

Ginger957 Ginger, you need to see a lawyer. There should be no fee for a consult. Workman's comp is going to fight this as they see arthritis as a condidtion not a injury.
Please go see a lawyer and see what they have to say. Make sure that you have all of your medical info for them. I wish that I could say more to you, but I can't as I'm fighting workman's comp too.

Marisa

I am in the process. Thank you for your advice.

Ginger

Ginger, I am inclinded to agree with you about the fall and the surgery setting you up for the development of arthritis. Children playing sports that have injuries have a high incidence of developing arthritis. I've seen posters in my ortho doctor's office warning about this. I think that actually makes their case weak. I truly hope your lawyer can help you with this.

Hi Ginger, First thing you should do is find yourself a good workers' compensation attorney. He will fight for apportionment. Apportionment comes into play when you have a concurrent disability along with your permanent disability. In your case RA is the concurrent disability and the knee injury is your permanent disability. The RA will be rated out at a certain % of benefit because it was caused by successive surgeries to your knee. Your attorney will understand the equation and rating system that is used and explain it to you. Your date of injury was 20 years ago. Is this file still open? Did you get lump sum payout or did you opt for life medical payment on knee?

Secondly, you stated that you had a fall and had ACL injury and broken bone in left knee and leg. Did that happen at work? If it didn't, there's no way that will be an accepted comp. injury. Even if the fall was caused because of the right leg injury. If you had witnesses to this fall there is a very slight chance that it might be acceptable as a workers' comp. injury but I highly doubt it. Another one for your attorney.

Each state has different laws that are applied to WC injuries and claims adjudication. Are you by any chance in California?

I was Director of Workers' Compensation for a large California employer, (4,000) employees. I think that apportionment will apply no matter the state.

Thanks for the good advice. I don't work now I am disabled and part of the reason for the disability is the workman's comp knee. The workman's comp case for my knee has never been closed. They tried to settle but I would not knowing the problem that exsisted in my knee. See I was a nurse and X-ray tech.

I do have a wittness for the Left knee injury but you are probally right that I will never get it paid for. I talked with the Alabama workman's comp association and they said if I could prove it, it should be covered. This last surgery prooved that the ACl was the problems because the last surgery was done improperly.

If you know of any other good advice I am ready and willing to listen.