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i am employed with the local sheriffs office and sustained…

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i am employed with the...
i am employed with the local sheriff's office and sustained a knee injury in nov of 2007. i had surgery in april of 2008 and received MMI in september of 2008 and returned to work. since than i have ongoing problems with my knee and have to take sick leave out of my own accrued sick leave a few times a year. do i have any recourse?
Submitted: 8 years ago.Category: Employment Law
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6/9/2010
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,983
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Unless you can show that you reinjured your knee on the job then, assuming that you already settled your claim, you have no recourse against your employer's worker's compensation carrier/employer. Part of the consideration to take into account when settling a WC claim is potential future issues. If you settled the time for revisiting that is past.
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Customer reply replied 8 years ago
even if i was not advised of any options, like not accepting the settlement? my problem is mainly that at no time was i given advise as to future potential problems.
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Any attempt that you would make in somehow trying to set aside the agreement based on your lack of understanding would be very difficult to say the least. If you had an attorney, then impossible. If you didn't then you would have to show intentional fraud or unlawful action on the part of the insurance carrier. When you reached MMI, the report from the doctor had to discuss what future medical issues you might have. You also had a right to an EMI on that determination.
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