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
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
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