? second injury- can it stem from 1st - Printable Version
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? second injury- can it stem from 1st - RNintexas - 07-01-2009 11:26 AM
Hi, I live in Texas. I was injured on job and broke my big toe. My employer is self insured so Workmans comp was not used. I was treated and released to full duty at work. 3 weeks later as I was stepping onto a chair at my home as I brought my full weight up I felt a stabbing pain in that toe that sent me tumbling as my knee buckled to get weight off of toe. I put other foot down to break fall and ended up breaking it in 2 places. When I went to hospital where I work to talk to my manager about what happened and to get x-rays she stated that "maybe I shouldn't have been climbing on chairs" to which I said if I am cleared to work with no restrictions then why can't I do what I normally do at home.
I have had many complications from this break including surgery, RSD with 6 blocks and I will have a perm. stimulator implanted here shortly.
I went to our personnel director about having them consider this injury related to my first and she said she would take it to administration. I also provided her with my first office note from my Dr. that specifically stated how I fell and what caused it. I never heard back from Corporate and 3 weeks later I was terminated (without me knowing) with a letter dated June 19, 2008 stating that I had been terminated as of June 5, 2008. (FMLA expired- reason given)
My question is whether one injury can cause another, obviously it did,
but can it be covered under my first injury. My paperwork from my first injury that releases me back to work states that I did still have discomfort to that toe.
RE: ? second injury- can it stem from 1st - 1171 - 07-01-2009 11:38 AM
under texas law work comp coverage is optional.
does your employer have it or not?
if they do, that does not explain why the original injury was not handled according to work comp laws. Self-Insured work comp is still work comp and not an exemption from comp laws.
If they do have comp insurance you may have grounds to get the original injury filed as comp. Once the original injury is accepted as comp, then your can try and add the recent problems as a compensible consequence of that.
if they don't have comp insurance, which sounds like the case, then your recourse is thru civil court.
RE: ? second injury- can it stem from 1st - Still in Limbo - 07-01-2009 11:57 AM
I Understand what 1171 is Saying, but if All was Paid by Your Employer without w/c, and You were Released to Work Full-Duty, and then You Fall at Home, I just can't See how it should be expected to be Covered By the Employer Again? But I'm not from Your State and I May be Incorrect! Either Way, I Wish You the Best, and Hope Your Healing is Quick!!
RE: ? second injury- can it stem from 1st - RNintexas - 07-01-2009 11:59 AM
My first injury was treated as comp, but my employer is self insured (very large hospital corp) and I was treated through that. The EMPLOYEE HEALTH AND SAFETY PROGRAM. I am not sure if I am answering your question completely.
Thanks for any information. This has been a very long process and a very slow recovery.
RE: ? second injury- can it stem from 1st - Bad Boy Bad Boy - 07-01-2009 12:54 PM
As 1171 has point out to you, you need to 1st get the first injury into a comp claim, then you need to have doctor say there is a relation from 2nd injury to 1st. There is where I wish you luck.
You should maybe talk with an attorney for some legall information. Here is a site that can help you with that.
RE: ? second injury- can it stem from 1st - Still in Limbo - 07-01-2009 01:02 PM
That being the Case, and it was Covered as a Workers Comp. Claim, and they are Following the Texas Rules and Regs., (Which You can Find on the Main Page under the Tab "Info. By State") then You should be able to at the Very Least be able to File for Your Case to be Re-Opened, and this Injury Added, as it was Caused by the Original Injury. If they Deny You in Writing, I would then Suggest You Obtain Counsel to Help You. I think I got Confused on Your Original Thread when You Stated "Workman's Comp was not Used". If Your Employer is Self-Insured they still have to Follow the Rules and Regs.of the Workers Comp. in Your State. Now if they Paid and didn't File this as a Workers Comp. Claim, and You didn't Receive a Claim Number, they I believe didn't Use the W/C System, they just Paid on Their Own. Sorry for the Confusion!!
RE: ? second injury- can it stem from 1st - 1171 - 07-01-2009 02:11 PM
so are you confused about whether your original claim was filed as workers comp? or
are you now sure that it was filed as workers comp?
aggravations are considered new injuries.
if you aggravated your prior work comp injury at home that would be considered a non-industrial aggravation.
if you believe your comp injury may have resulted in other claims and conditions you'll probably have to get a comp comission decision on that.
you'll need to bring supporting medical opinion to the comp court and ask for a ruling.
you can get help for starting that process from the office of injured employee counsel
RE: ? second injury- can it stem from 1st - RNintexas - 07-01-2009 02:46 PM
Hi, sorry for the confusion. I guess I thought "Worker's Compensation" was in itself an insurance company. I think I now understand it may just be a general term. My original injury was considered a workers comp injury and filed as such with my employers employee health and safety program which oversaw all of my care and paid me while I was out. I will also look up the information that yall have given me to look up. Thank you
RE: ? second injury- can it stem from 1st - Bad Boy Bad Boy - 07-01-2009 02:47 PM
But, from what I am reading in the first Post, is they said they broke the other foot, climbing on a chair. Not being the same foot may cause problems. A broken big toe, resulting in a broken foot on the other leg is going to need some very good medical documentaion stating it is related to the 1st injury. I can be done I think, and they need to speak with there doctor about it.
RE: ? second injury- can it stem from 1st - RNintexas - 07-01-2009 03:15 PM
Well I just spoke with the Office of Injured Employee Counsil and they do not have record of my injury, which she attributed to my employer probably being self-insured and that they do not subscribe to the Worker's Compensation something or another which she says that Texas is the only state that does't mandate it. They can not help me.
As far as proving second injury, I think I have the medical proof in hand with very specific office notes and documentation from my physician, it just seems that there is not much to do with it