They are denying workman’s comp

Apparently, the company is saying that even though your DS was on the premises, he wasn't involved in anything job-related when he was injured.

So he's going to have to prove that he was, indeed, doing a job-related activity when he's was injured in order to get covered. Was there anyone around when he was injured who can provide written verification that the injury was work related?

If it's a significant injury and he will be out for a while/have a lot of medical bills, I would talk to a lawyer.

Not knowing what happened but if it happened on company premises due to a safety hazard or risk on their part they should still cover it.
You should challenge it. If there is significant loss with medical bills or time if, get a lawyer immediately. Do not talk to them anymore!!

If it’s happened before, why would it be their responsibility?

Just because something happens at work does not make it a qualifying work related injury.

For example, Susie is enjoying a quick snack at her desk before going back to her administrative duties. She suffers a heart attack (not minimizing heart attacks). She ends up in the hospital and thinks 'well I was at work so I am covered by workers comp." Her claim is denied. The company says she was going to have a heart attack anyway she just happened to be at work and that her steady diet of McDonalds and soda pop along with her pack a day cigarette smoking was the reason.

Or in my case, I suffered a health issue as a direct result of my job. They used that same excuse, it was going to happen anyway it just happened to happen at work. My claim was denied. I went to an attorney to see what I could do. He said I had a valid claim against my employer. He then went on to say what I would need to do to take them to court. My fees to him would have been more then I was seeking from workers comp.

I went on line and read the rules in my state and I filed my own complaint and set a date with a judge. (it was all under workers comp but was sooooo not easy to understand. I think they wrote it the way they did to discourage people). Anyway I submitted my documents and received a call from my employers attorney. They asked what I was seeking, I told them and they agreed to pay.

That said, with your son suffering a similar injury previously my guess is that is why they denied him. Further, what type of work does your son do that would make the company responsible for the injury? (no snark) So for example...a carpet layer could say while they were kneeing the knee board that stretches the carpet they dislocated their knee and it would likely be covered. However a food server that simply fell, not because of liquid on the floor but just fell and dislocated their knee would have difficulty with the same claim.
Sorry your son is going through this.

interesting, By an Orthopedic Dr?

I’m not sure what state he is in - keep in mind workers comp laws vary by state.

1) in some states if you aggravate an injury while working, it is deemed compensable. If you had 3 prior left knee surgeries then slipped and fell reinjuring the same knee while on duty - it would be work related. There would be disability appoirtionment to the prior knee but the medical would be covered.

2) when a Claim is denied, you are usually given the option to select a workers compensation medical evaluation that will comment on whether your injury is industrial or not. It would be on the denial paperwork.

3) I would definitely look into obtaining a workers compensation attorney if you can’t do step two

4) have him file for state disability to cover his lost wages & see if they offer any medical services for injuries. See if his employer can accommodate modified duty like sedentary work while he is recovering.

5) in My state an injured worker has access to an information & assistance officer that knows workers compensation and can answer questions for people that are injured and help explain/give them their options. You should be able to Google this for your state.

6) also in my state injured workers can file for a conference with a workers compensation appeals board judge to fight the denial/set the issue for trial

7) I would consider paying out of pocket for him to get an initial doctor visit/therapy evaluation. If he can learn some basic therapies, he can do them on his own while he recovers.

Not in CA. If it happens at work, it is a worker's comp case, and if the business tries to say they won't cover it, they are in trouble.

If you trip at work and hit your head, but don't have any seeming problem, and then go home and dizziness causes you to fall and you break your arm, it's a worker's comp case in CA.

All states are different.

A heart attack is not an injury.

Wow, this is so interesting. I didn't realize laws vary so much.

I recently went through my first experience with workman's comp. I work at a higher ed institution. I was on my lunch break and was walking with a group of colleagues into one of the dining halls for lunch (which we pay for, not that it matters to this story). I lost my balance while walking up some interior stairs, most likely due to some rowdy students running up them. My knee hit the metal edge of a step and I ended up needing 15 stitches. I went to our campus health clinic.

I was very surprised that this was covered by workman's comp. I was on a break. It was not work related. There was no negligence on the part of the organization. But it was.

Malibou...you are right every state is different as are the laws. 😃And you are right a heart attack is not an injury however in my field of work it would/could be considered a workers comp claim.

I always forget when I comment on the Peas that people are from all over the nation and world and there are different rules in different places. 😃