okay lets start with some background... first of all I've been at UPS for just over two years now as a preloader.
Around October of last year, I dislocated my knee playing basketball and had the accompanying contusion and ligament sprains, etc. Nothing to serious, I was out a week or two, then came back to work. I have been able to work without incident ever since just using a simple knee brace. Outside of work though it has been giving me problems, like giving out when I put torque on it, so I went to an Orthopedic Surgeon to get a diagnosis. It turns out since the original injury, I have torn my ACL and Meniscus and will need surgery to repair it.
This doctor's appointment was back in March. Due to schooling reasons though, I transferred to a new center in May. I told the sups at the new center about the impending surgery right when I started. I now have set a date for the surgery, December 23rd, and kept management informed the whole way.
My question is should I file for disability or workman's comp? (not sure which one applies) I don't have an specific on the job injury or date to point back to. BUT, I do have the X-rays and doctor's write up from the original injury saying there was no ligament damage at the time, and an MRI from March that shows the ACL and meniscus tear, implying that the damage is not due to the off the job incident.
What may complicate it even more, is the period of time in which the tears occurred (Nov 10'-March 11') I was at working my old center, but will be filing for Worker's comp at my new one.
I guess what I'm asking is, Do I have a case? or should I just get the surgery and enjoy my 4 months of not having to wake up at 3AM?
Thanks
P.S. I am pretty ignorant on our disability/W.C policy actually so if someone can shed some light on what I could even expect from Disability, I would appreciate it.
Around October of last year, I dislocated my knee playing basketball and had the accompanying contusion and ligament sprains, etc. Nothing to serious, I was out a week or two, then came back to work. I have been able to work without incident ever since just using a simple knee brace. Outside of work though it has been giving me problems, like giving out when I put torque on it, so I went to an Orthopedic Surgeon to get a diagnosis. It turns out since the original injury, I have torn my ACL and Meniscus and will need surgery to repair it.
This doctor's appointment was back in March. Due to schooling reasons though, I transferred to a new center in May. I told the sups at the new center about the impending surgery right when I started. I now have set a date for the surgery, December 23rd, and kept management informed the whole way.
My question is should I file for disability or workman's comp? (not sure which one applies) I don't have an specific on the job injury or date to point back to. BUT, I do have the X-rays and doctor's write up from the original injury saying there was no ligament damage at the time, and an MRI from March that shows the ACL and meniscus tear, implying that the damage is not due to the off the job incident.
What may complicate it even more, is the period of time in which the tears occurred (Nov 10'-March 11') I was at working my old center, but will be filing for Worker's comp at my new one.
I guess what I'm asking is, Do I have a case? or should I just get the surgery and enjoy my 4 months of not having to wake up at 3AM?
Thanks
P.S. I am pretty ignorant on our disability/W.C policy actually so if someone can shed some light on what I could even expect from Disability, I would appreciate it.
