Workman's Comp Benefits For Condition With Gradual Onset

Lastingimpression · #1 01-25-2007, 11:04 PM

I have been working for a company, which has me go out to various supermarkets to scan various products. I work anywhere from 6-15 hours each week and I have been doing this since May 2006 (when I was hired). The job entails a lot of squatting to collect various barcodes in various locations throughout the store.

Several months ago, my knees started hurting as a result of all the squatting. The pain has progressed further and further, until this past week, when I worked 5 hours in one day, I came home in pain from my knees and it has carried on several days past my work day. I have never had a problem with my knees before, nor have I ever injured them in any accident, nor have they ever been broken or fractured before. I am in good health and do exercise periodically.

Is it okay to file for workman's comp with my employer due to the progressed nature of my knees or does the injury sustain have to happen at once and me having to report it shortly there after. My main concern is that if I file a report and say that my injury started several months ago, they will ask me, "Why didn't you report it to us sooner?" How do I reply to that?

Thanks for any and all one's help.

seniorjudge · #2 01-26-2007, 06:45 AM

Your failure to report this will definitely hurt you.

But go ahead and try anyway.

Q: My main concern is that if I file a report and say that my injury started several months ago, they will ask me, "Why didn't you report it to us sooner?" How do I reply to that?

A: I suggest telling the truth.

aaron · #3 01-26-2007, 07:02 AM

I don't think that it is particularly unusual for workers with repetitive stress injuries to be a bit slow in identifying the injury as work-related, or in being late to report the injury because they think it is going to get better by itself. This is a bit more complicated in your case as your injury is a bit unusual, and comp carriers often attribute knee symptoms to a degenerative condition (e.g, arthritis) and dispute the connection with employment.

As seniorjudge states, the first thing to do is to make the claim and see what happens. If they deny you, or if they send you to a doctor who says "It's arthritis and has nothing to do with work" (or something equivalent), you may wish to get assistance from a worker's compensation lawyer to further press the claim.

Lastingimpression · #4 01-28-2007, 10:02 PM

Quoting seniorjudge

Your failure to report this will definitely hurt you.

But go ahead and try anyway.

The truth is, my injury has only started with this job. My knees were in great shape before the job and I am only 30 years old (which is not an excuse). The job requires a lot of stress on the knees and my knees only hurt each week when I do my work on one day or two...after that, I am healing the other days. I am really scared to go back to work, becaue I have noticed my condition getting worse and worse each time I complete my task each week. I thought my condition would get better or I could try different methods so that my knee wouldn't handle so much stress, but to no avail. You see my perdicament.

Lastingimpression · #5 05-15-2007, 05:15 AM

I filed a workman's comp case and the doctor tells me that I have tendanighteous (spelling?) in both of my knees and I have been doing physical therapy for several weeks, at 3 times a week (1 hour a day). The insurance carrier for my employer has approved the claim. My physical therapist tells me that if I was to go back to work, my condition would just reoccur. I am too scared to go back to work and risk putting myself in this condition again. It is not worth $12 an hour for part-time work.

My next question would be, how much should I ask for with the insurance company?

Mr. Knowitall · #6 05-15-2007, 06:30 AM

There's no guarantee that they'll offer anything.

Lastingimpression · #7 05-17-2007, 04:20 PM

If there is anything I understand about insurance companies is, they never want to pay. And if they do pay, they will lowball you as much as possible. I may just see into getting a lawyer and letting him handle it, but I know that will mean less money for me; but maybe some money than no money...you know what I mean?

I have nothing to loose. I will reply back once this is all over and let this forum know how it turned out.