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If your knee is injured at work, you may be wondering “What is the average worker’s comp knee injury settlement?
The worker’s compensation system is designed to provide benefits to employees who are injured on the job. Benefits can include future medical expenses, income replacement, and death benefits. In most knee injury cases, workers’ compensation benefits are paid by insurance companies.
When an employee is injured on the job, they may be entitled to workers’ compensation benefits. Injuries to the knee are some of the most common injuries that occur in the workplace. Knee injuries can be caused by several factors, including slips and falls, repetitive motion, and heavy lifting.
Severe injuries can result in permanent disability and may require arthroscopic surgery or total knee replacement. Workers’ compensation settlements for these types of injuries can be high, depending on the facts of the case. Less severe knee injuries may only require medical benefits and recovery time off from work. In these less severe cases, workers’ compensation settlements are typically much lower.
How much you can expect to receive in a worker’s compensation knee injury settlement will depend on several factors. In this article, we will discuss some of the critical factors that will affect your settlement amount.
Types and Severity of Knee Injuries:
Many different types of knee injuries can occur in the workplace. The most common type of work-related knee injury is a sprain or strain. Here are some other types of knee injuries that can occur to your body parts:
Meniscus Tear:
A meniscus tear is a common work injury that can occur in any workplace. The meniscus is a piece of cartilage that cushions the knee joint. Symptoms of a meniscus tear include pain, swelling, and stiffness. Treatment for a torn meniscus may consist of rest, ice, and physical therapy. Surgery may be necessary in some cases, like meniscus repair.
Torn ACL:
The ACL is the anterior cruciate ligament, one of the four major ligaments in the knee. The ACL can be torn when the knee is suddenly twisted or overextended. Symptoms of a torn ACL include pain, swelling, and instability in the knee. Treatment for ACL tears may include rest, ice, and physical therapy. Surgery is often necessary to repair a torn ACL.
Other ligaments in the knee can also be torn, including the posterior cruciate ligament (PCL) and the medial collateral ligament (MCL).
Patellar Tendonitis:
Patellar tendonitis is a condition that results in inflammation of the patellar tendon. The patellar tendon connects the kneecap to the shinbone. A construction worker or a truck driver may face patellar tendonitis through repetitive motion.
Symptoms of patellar tendonitis include pain and tenderness in the left or right knee, especially when bending the knee. Treatment for patellar tendonitis includes rest, ice, and physical therapy. Surgery is rarely necessary.
Fractures:
A fracture is a break in the bone. Fractures can occur in any bone but are the most common knee injuries. Knee fractures can be caused by a direct blow to the bone or by excessive force, mostly occurring in car accidents.
Symptoms of a fracture include pain, swelling, and bruising. Treatment for a fracture includes rest, ice, and immobilization of the affected limb. Surgery may be necessary to repair the bone.
Dislocations:
A dislocation is a condition in which the ends of the bone are no longer aligned. A dislocation can be caused by trauma, such as a fall or a car accident. It can also be caused by repetitive stress, such as from running.
Symptoms of dislocation include pain, swelling, and bruising. Treatment typically involves resetting the bone and immobilizing it with a splint or cast.
What is the Average Workers Comp Knee Injury Settlement?
National Safety Council estimates that the average cost of a worker’s compensation knee injury claim is $34,003. The amount is $18,052 in terms of medical bills and $15,951 in terms of indemnity.
If you have suffered a knee injury at work, you may be wondering how much your workers’ compensation claim is worth. The answer will depend on many factors, but some general guidelines can give you an idea of what to expect.
The first factor to consider is the type of injury you have suffered. As we mentioned above, many knee injuries can occur in the workplace. If you have a minor workplace injury that does not require surgery, you can expect to receive less money than someone who has a more serious injury that requires surgery or another maximum medical improvement.
The type of treatment you require is the second factor that affects your settlement. If you need physical therapy or other rehabilitative care, you will generally receive more money than someone who does not require this treatment.
The third factor that will affect your average settlement is the amount of time you miss from work. If you cannot return to work for a significant period, you will likely receive a higher settlement. This is because your ability to earn an income has been affected by your injury.
The fourth factor that will affect your lump-sum settlement is whether you can return to your pre-injury job. If you cannot return to your previous position, you will be entitled to a “loss of earning capacity” award. This type of award is intended to compensate you for the fact that you cannot earn as much as you could have before the accident.
These are just some factors that will affect your worker’s compensation knee injury settlement. Every case is different, and the amount of money you receive will depend on the specific facts and circumstances of your case.
If you have been injured at work, it is essential to speak with an experienced workers’ compensation attorney to learn more about your rights and options.
What to do After a Knee Injury at Work?
If you have sustained a knee injury at work, it is important to seek medical attention and file a workers’ compensation claim as soon as possible. Workers’ compensation benefits are designed to cover all reasonable and necessary medical care for workplace injuries.
After sustaining a knee injury in a workplace accident, it is crucial to consult with a qualified and experienced workers’ compensation attorney for legal advice. The attorney will help ensure workers’ compensation case eligibility and that all details of the injury and medical records are appropriately documented in the claim. This is important to maximize the benefits of compensation.
If the insurance company refuses to pay for a work-related injury that requires knee surgery, it is time to contact a workers’ compensation settlement lawyer. An experienced and dedicated lawyer can help you fight for the fair pay you deserve instead of a free consultation.
The Federal Employees’ Compensation Act (FECA) provides benefits to federal workers who are injured on the job. FECA covers most civilian employees of the federal government who sustain work-related injuries or develop occupational diseases. Benefits under FECA include wage replacement, lump-sum payment for medical and rehabilitation expenses, and other benefits.
Frequently Asked Questions:
How long do most workers’ compensation settlements take?
The average worker’s compensation settlement takes about two years. However, some settlements may take longer or shorter, depending on the case or the state where the workers’ compensation case is filed.
What is the most common injury claim on workman’s compensation?
The most common injury claim filed under workers’ compensation is for strains, sprains, and tears, which account for about 33 percent of all workers’ compensation claims.
How are settlements paid out?
Most benefits are paid out in a lump-sum settlement, although companies may pay some out in installments, like weekly benefits.
Conclusion
The amount you can expect to receive from a workers’ compensation knee injury settlement offer will depend on many factors, including the severity of the injury, the type of treatment you require, how much time you miss from work, permanent disability, and whether you can return to your previous job.
Every case is different, so you must speak with an experienced workers’ compensation attorney to learn more about your specific situation. If the insurance carrier refuses to pay for your work-related injury, a law firm can help you fight for the compensation you deserve.
You may be eligible for benefits under the Federal Employees’ Compensation Act if you are a federal injured employee on the job.
No matter what your situation, it’s important to seek medical attention and speak with an attorney after sustaining a serious knee injury at work.