QUESTION
Will any of my lost wages be covered if I have to have surgery due to a work related injury I received from a previous employer?
Asked on Jul 14th, 2015 on Workers Compensation - Kentucky
More details to this question:
I was injured on the job working at a plant in KY. I was later let go because I was unable to preform any of the jobs on the plant floor with my restrictions. I never settled the medical portion of my workers comp case and have been back to the doctor a few times over the last 10 years for further treatment. My most recent visits to the doctor has discovered an abnormality to my shoulder (what I originally hurt) that he believe he may be able to correct with surgery. He does believe it is from.my previous injury. Will I have any of my waged covered if I have surgery and I am unable to work while I recover?
1 ANSWER
If everything in your post to correct, then the answer is "yes."
However, expect the insurance company to file a medical bill fee dispute with the Department of Workers' Claims (DWC). You and your doctor will be required to present evidence of causal relationship of the new condition to the original injury.
DWC has 2 judges assigned full time to handle these disputes.
Usually, the assigned judge will set up a confeence call with you, your doctor, and the insurance company representative to try to resolve the dispute. The judge will want your records in advance. The burden is on the insurance company to prove that the surgey is not related to the claim. If no agreement is reached, then the judge will decide the issue.
If the surgery is allowed, then you will get lost wages based upon your earnings at the time of the original injury.
Answered on Jul 23rd, 2015 at 2:31 PM
Answers do not constitute legal advice and do not create an attorney/client relationship. Call to discuss your particular legal needs.