Re: filling out a claim

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On 7/28/05, james wrote:
> 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.

Hire a WC attorney...NOW! The longer you wait, the tougher
it's going to be.