workers comp question ?

[pjm333]

I injured my right knee at work
at 9/22/09 and was on crutches for 5 days, since
then my left knee has become very painfull and
unstable. I got a MRI and was told I need surgery on
my left leg which im using my private insurance.

My question is how does this effect the work comp
claim on my right knee? The work comp insurance
carrier called today and wants to know how Im
feeling, can I work, surgery etc. I want to have my
left knee done first then my right knee. I could
claim the right knee cause the left knee pain etc
but in general I want to know If I could loose my
work comp insurance if I get my left knee done
first with my private health insurance ? Could they say im no longer disabled from my work injury ? Thanks in advance !

[1171]

either you or the carrier will need supporting medical opinion for disability status.
if the comp doctor release you to work on your rt knee injury, the comp carrier will not pay disability because you are having non-industrial surgery on the other knee.
In general, if the comp doctor certifies you disabled from the comp injury disability should continue regardless of other non-industrial conditions.
what does your doctor say?
it also may depend on your state laws as each is different.

[pjm333]

1171 Wrote:either you or the carrier will need supporting medical opinion for disability status.
if the comp doctor release you to work on your rt knee injury, the comp carrier will not pay disability because you are have non-industrial surgery on the other knee.
In general, if the comp doctor certifies you disabled from the comp injury disability should continue regardless of other non-industrial conditions.
what does your doctor say?
it also may depend on your state laws as each is different.

I am still disabled from my right knee workers comp injury and my doctor believes so to, I have not told the work comp insurance carrier that my left knee is injured also and needs surgery. My concern is if I use my private insurance my job will know about it and they will obviously be concerned. I just want to get my facts together before I make any decisions, thanks for your help 1171

[1171]

the issue often becomes one of time.
if it delays your comp surgery too long and significantly prolongs recovery they could suspend benefits until they can proceed on your comp treatment. It's a subjective decision and may depend on your state regulations.
for a few weeks it's not likely to be an issue.
the fact that the comp injury happened first yet is being treated last doesn't work in your favor if the delay is prolonged. no one can predict surgical outcomes.

be well.

[pjm333]

1171 Wrote:your comp disability should supercede your non-work disability when both are concurrent.
again this is a general statement made without knowing any particulars of your state system.

Be well.

1171,
Thanks for all of your help !!