Q: I twisted my ankle at work retrieving a box of lesson materials from the classroom supply closet.
The company nurse referred me to the occupational health department at the hospital. I was given x-rays, diagnosed with an ankle sprain, and given an air cast. The claim management company has denied the claim and will not cover the cost of the doctor visit or the cost of the air cast because I did not trip on anything (ex. loose tiles, water, etc). I feel I would not have sprained my ankle if I had not been retrieving the materials from the closet. How do I appeal this decision?
A:
If there was nothing about the circumstance of your injury causing risk of injury to have been increased by the employment, they may be right. However, increased risk of injury is a tricky thing -- water or a loose floor tile such as you mention are only a couple of them. Were you stretching to get the supplies off a high shelf or bending in an awkward position to get them from a low shelf cause your ankle to twist when you returned to a normal standing position? Was the supply closet so small that pivoting on your ankle was awkward because of the cramped space? Were the supplies heavy enough that you were a bit off-balance when you turned to leave? These are just a few things to consider.
As far as appealing the decision, your best bet is to see a lawyer you regularly handles workers' compensation cases for injured employees. This should be done while the circumstances of your injury are fresh in your mind. Don't delay. Do it now. The attorney can help you analyze whether you have a claim or not.
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.
