Q: Should I have filed a civil lawsuit instead of a workers comp claim for a TFCC injury and surgery, details below!
Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp claim shortly after the season so I have a few questions. One, should I have filed a civil lawsuit instead of a workers comp claim for negligence considering they made me play 7 games with a fully torn ligament? Also, It almost surely seems like I will need a second surgery as I was cleared (4 1/2 months) post surgery to workout freely and I have the same exact pain and lack of motion in my wrist. What is my best course of action if I need another surgery? I have a lawyer and will be asking him this next Monday when we speak, but having a second surgery, what affect does that have on my case, if any? Any information would be incredible! Would love to hear from the experts. Hope I was thorough enough!
A: From your question, I assume playing hockey is your job. That would have to be true for you to have a workers' comp claim for your injury. If you have a workers' comp claim (in other words, if you were injured while working) then workers' comp would be your only remedy. You would not have a civil lawsuit against your employer. If playing while injured made your injury worse, that is part of your workers' comp claim. A second surgery will mean you are entitled to continuing medical treatment until healed from the second surgery (it's called MMI - maximum medical improvement) and payment for additional time out of work. If you have a permanent problem from your injury you are entitled to be compensated for that (the rules are complicated as to how this works) and if the permanency is worse due to the second surgery, the extent of permanency will be part of your permanency compensation. Again, this is complicated, so speak with your lawyer about how it works.
Timur Akpinar agrees with this answer
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