Q: Sudden pain when walking
I was walking from my job and got A-sharp pain down my leg that proceeded into my foot then 1/2 my foot got numb I want to the ER with my supervisor following Monday workman's comp called me and made me do it recorded statements I was told after he was done recording about it would be the denied because there was no trauma and it happened when I was just walking I didn't fall or trip. I'm a door-to-door sales rap I walk 8 to 14 miles A-day with a 20 pound bag. Can the deny me because it happened when I was doing a work related activity but there was no trama? I spoke with a attorney today and he said it would be a uphill battle and I would need to go see a certified specialist that would say this can be cause from work before he would even look into the case.
A: They can deny the claim and make you prove the injury. To do so, you would need a medical expert. The fact that the attorney you talked to today did not seem interested does not mean you have a bad case or that his approach is the only workable approach for your claim. Contact another attorney that specializes in workers' compensation and obtain a second opinion. You may receive a very different response.
Richard Alan Jaffe agrees with this answer
A:
I am sorry to hear about the problems that you are having with your alleged work-related injury and that after speaking with the Claims Adjuster, the Workers Compensation Carrier for your Employer has advised you that they will deny your Claim.
It is unnecessary for there to be "trauma" for your injury to be considered compensable. If you have sustained an injury while in the course and scope of your Employment, it may be compensable if there is medical evidence to support the causal relationship between your disability and your work activities. There is a concept known as "cumulative repetitive trauma" which could occur as result of walking 8 to 14 miles per day with a 20 pound bag, however, in order to prevail in a Workers Compensation Claim, you would require unequivocal medical testimony from your treating physician to prove that Nexus.
Just because the initial attorney that you spoke with did not wish to accept your case, should not prevent you from contacting another Attorney for their opinion. Accordingly, it is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies.
Timothy Belt agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
