Announcement

Collapse
No announcement yet.

hurt in physical therapy Georgia

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • hurt in physical therapy Georgia

    I am being seen for a back injury suffered on the job i have had surgery and done my fuctional capacity test and gotten a permanent physical rating during one of my pt sessions my knee was injured. who is responsible for this injury and its treatment?

  • #2
    Believe it or not, I just had a similar case. How did you injure the knee at PT? What is the injury to the knee?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      And to some degree it will depend on what state you are in. Every state is different. My attorney tried to explain it to me. If you are at PT for recovery from a work related injury, that has been accepted as compensable, then your covered for any injuries that happen as a result of that treatment.

      Simply put, would you be at PT if you hadn't been injured on the job? Again, a lot depends up your states regs. and case law.

      Comment


      • #4
        i live in georgia and i was doing leg presses like always which was part of my rehab when my knee popped and i had shooting pain that has not gone away it also has major crepitus now which it did not before the insurance company is saying they will not cover it because it is not my back i would prefer to not have to get a attorney this late in the game i need all the money i can keep lol nothing agaist gettiing a lawyer but 25 percent of any settlement for what could be just a little bit of work is hard to swallow

        Comment


        • #5
          Could this be a malpractice claim against the PT?
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            I'm not sure why you were doing leg presses for a back injury, but this case is really kind of a grey area. I really think you are going to need to consult with a lawyer on this one. I certainly don't feel comfortable giving you the thumbs up to appeal nor would I say you do not have a case.

            Case law hints that this could go either way so it is well worth consulting with an attorney.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              I would suggest you get an attorney. You are getting into an area that is not really a do-it-yourself type of thing. Why were you doing leg presses for a back injury? Was this exercise something that the PT said to do? Or were you doing it on your own?

              Comment


              • #8
                Originally posted by cyjeff View Post
                Could this be a malpractice claim against the PT?
                Probably not malpractice but that would be a civil tort, outside WC. The only effect it might have on WC is if this is deemed compensable and the malpractice claim goes forward, the claim may be subrogated.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  the pt was not negligant in any way yes the leg presses were part of my therapy and i hate to have to go with a lawyer for this but if it is the only way i guess i have no choice but to lose the 25 percent hopefully he will have to earn it lol

                  Comment


                  • #10
                    Trust me, you will need the attorney for this. It isn't in statute and as best as I can tell, there isn't case law on this exact issue. Related cases are all over the map and contradict one another. Someone who deals in this day in and day out in GA would be able to guide you best. It may be that the reason there isn't case law on it is that the Commission has consistently upheld or denied these cases at that level. As those decisions are not published, I can't tell you the outcome. It is at least worth a consult with a lawyer or two. Most lawyers will not charge for the first consult and in WC they can not be paid for time they are not on the record as your representative. Remember too that if you don't prevail, your attorney doesn't get paid. If this is anything more than a pulled muscle in the knee that you treat with Advil, get thee a lawyer.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      thanks for the advice i am seeing one today at 2:00

                      Comment

                      Working...
                      X