Like other work-related injuries, workers’ compensation for knee injuries can vary widely. But the National Safety Council estimates that a knee injury can fetch an average of $33,153 in workers comp settlement. But of course, this depends on each individual case.
According to the Bureau of Labor Statistics, only 9 out of 10,000 employees have suffered knee injuries on the job in 2015 alone. Though they’re not that common, most knee injuries require a trip to the emergency room. In some cases, it can even cause permanent disability.
This is why, if you hurt your knee while at work, you should be able to claim workers’ compensation. A knee injury can leave you out of work for days or even months. Plus, you’ll have to deal with thousands of dollars in medical bills. Workers’ compensation ensures that you’ll be able to pay those bills and have food on the table while recovering from your injuries.
Unfortunately, getting a fair settlement for your injuries isn’t as easy as it sounds. Employers and insurance companies aren’t exactly known for their generosity. Most of them will try to pay you with as little as they can get away with. Some will even threaten employees who filed workers’ comp claims.
Having an experienced workers comp attorney like Victor Malca fighting for you will definitely make things a lot easier. He’s been helping injured workers in Florida for over 20 years and has handled many knee injury cases. He can help you negotiate a favorable settlement and represent you in court if it comes to that.
Common Work-Related Knee Injuries
Our knees are especially susceptible to injuries, especially if your job is physically demanding. A simple slip or sudden twist can damage the joints. Even walking or running for long periods can cause wear and tear.
Among the most common work-related knee injuries are:
- fractures
- meniscus tears
- bursitis
- tendonitis
- ACL tears
- dislocations
- sprains and tears
Some injuries can be more severe than others and may require complex medical procedures and longer recovery time. These cases, obviously, will fetch a higher workers comp settlement.
Are You Eligible for Workers Comp?
By law, if you hurt your knee while at work, you should be able to claim workers’ compensation. But like all workers comp-related things, it’s not that simple.
For one, you need to prove that your injury happened while at work or because of your work. Certain knee injuries like bursitis tend to accumulate over time. This makes it harder to prove that they’re work-related.
In addition, some states require that your injury must be due to your employer’s negligence. That too is hard to prove.
If you have a workers comp lawyer, they’ll be able to help you with this. They’ll know what evidence to present and how best to present it to get favorable results.
How Workers Comp Settlement is Computed
A workers’ comp benefit is usually comprised of medical benefits and lost wage compensation. The amount of these benefits depends on several factors. This includes your state’s workers comp law and the severity of your injuries.
In Florida, for example, you won’t get paid for the first seven days of your disability. But if your recovery period extends beyond 21 days, the insurance company will have to pay you for all the days you missed work including the first 7 days.
So if your knee injury is not that severe and you can get back to work in less than 7 days, you’ll only get reimbursement for medical expenses. You won’t be paid for any lost wages. If you miss work for 8 days, you’ll get lost wages benefits but only for one day.
The actual settlement amount is determined by calculating a combination of:
- medical expenses (including anticipated expenses)
- lost wages
- scarring
- specific losses
Because these factors vary from case to case, workers comp settlement amount also tends to vary widely.
If you agree to a settlement, you’ll get to pick whether to receive a lump sum or staggered payment. If you choose the former, your employer or insurance company will be absolved of any future financial responsibilities. Even if your condition will worsen or your disability becomes permanent, you can’t demand any more benefits from them.
So before you accept any settlement offers, you should consult a workers comp lawyer first.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.