Posted by james on 7/28/05

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i am an employee of a home health agency who was recently
injured on the job. The doctor has taken me out of work
for a week and physical therapy is to work with me for an
undisclosed amount of time. The injury is to my right
knee. After looking at x-rays the doctor stated that there
was more damage to my left knee then the right but there
was some missing cartilage from the right knee and
swelling noted. He stated prescribed anti-inflammatorys
and physical therapy would hopefully correct the problem.
My knee caps are displaced in both legs and the inner
muscles of the thighs are not as strong as the outter
therefor pulling my knee caps out of place. The injury
felt like a tear of tendons but the doctor was unable to
make that diagnosis on the record. Off the record he said
his personal opinion was that I torn the meniscus to my
right knee. An MRI is the only was to determine this
though. Instead of scheduling an MRI he wanted me to start
physical therapy take the meds and see if it helped, and
if not to come back and schedule the MRI. If physical
therapy does not correct the problem, surgery is required.
Having told all of this to my employeer I filled out an
incident report and was asked if I was going to file a
workmans comp claim which I stated I was. The employeer
then stated she was going to fight it and I was unable to
return to work, even after the week of off duty was up,
until the doctor gave me a full work release. i.e. no
light duty, or any other restrictions. Also this employeer
has no safety committee or meetings regarding safety. Is
this legal? What steps do I need to take in order for them
to pay my loss wages and medical expenses. What should I
expect from this incident and do you think I have a leg to
stand on? Thanks for your response.

Re: filling out a claim, 7/29/05, by M'sta Mikey.

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