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Workers Compensation

Discussion in 'Workers Compensation' started by William Bryant, Jan 15, 2020.

  1. William Bryant

    William Bryant Law Topic Starter New Member

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    Jurisdiction:
    Mississippi
    I have Avascular Necrosis of the right hip and need a hip surgery. I have had cancer 16 years ago and the doctors think that the chemo and steroids have reduced my blood flow which causes AVN(avascular necrosis). In March of 2017, my hip started hurting while I was working for Home Depot. I was paid Short term disability after my doctor told me I had AVN. I wasn’t out very long and the pain subsided and I returned to work. I did go see a specialist and was told I would need a hip replacement one day. The pain was manageable and I returned to work. I am full time with another employer now. Do I qualify for workman’s compensation?
     
  2. army judge

    army judge Super Moderator

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    That is a question only the agency in MS that administers workers compensation can answer.

    If you want to know if you qualify, file a claim with your employer tomorrow.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Now? No.

    If you are asking if WC will pay for a hip replacement at some future date, I'm not seeing your condition as work related.

    Avascular Necrosis can be caused by the following:

    Injury
    Fracture
    Damage to blood vessels
    Long term use of medicines, such as corticosteroids
    Alcohol abuse
    Chronic medical conditions
    Chemotherapy
    Radiation treatments

    You don't say that you ever had an injury or fracture while on the job. If you didn't, then it's likely that the condition is not work related.

    Just my opinion as an insurance guy. I could be wrong.
     
    PayrollHRGuy likes this.
  4. hrforme

    hrforme Active Member

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    If you can tie the issue back to your cancer, and it's not related to work generally, I doubt it is a compensable claim. You can try, but expect to be denied.
     

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