Workers in Apex, NC, who are injured on the job are eligible for workers’ compensation, which covers medical expenses, lost wages, and disability benefits. If you sustain a knee injury while at work, you may qualify for workers’ compensation benefits. A settlement is a negotiated resolution, usually paid in a lump sum.
The Horton & Mendez, Injury & Car Accident Attorneys represent people in Apex knee injury claims, including workers’ compensation knee injury settlements. Here’s what you need to know about knee injury claims and how our Apex workers’ compensation lawyers can protect your rights.
Common Workplace Situations That Lead to Knee Injuries
Situations that commonly lead to knee injuries in the workplace include:
- Falling from an elevated height, slip and fall
- Getting a foot or leg stuck in machinery
- Overexertion from lifting
- Stuck between accidents, crushing injury
- Motor vehicle accidents
- Workplace violence
- Cuts, punctures, and scrapes
Knee injuries in the workplace are common in the US, with the Bureau of Labor Statistics noting that employers reported 66,650 knee injuries resulting in lost workdays in a single year. Of these injuries, 33,610 were trauma to muscles, tendons, joints, and ligaments. Knee injuries account for approximately five percent of all workplace injuries.
Common knee injuries in the workplace
Knee injuries commonly experienced in the workplace include the following:
- Fractured kneecap, fibula, or tibia
- Torn ACL, MCL, or LCL, ligament tears
- Dislocation
- Sprain, strain
- Torn meniscus
- Bursitis, inflammation of fluid sacs that cushion the knee
Knee injuries can affect bones, ligaments, tendons, meniscus, and cartilage, and can involve trauma to multiple parts of the knee.
Benefits You Can Receive for a Knee Injury in NC
Benefits for a knee injury fall into several categories:
Medical care
You are entitled to receive medical care to treat your knee injury or reduce the period of disability. This medical care may include diagnosis, surgery, physical therapy, medical supplies, and other provisions. You are required to visit the healthcare provider chosen by your employer. However, if you disagree with their course of treatment, there are options available for you to challenge it.
Temporary disability
Temporary disability benefits provide support when you are unable to work because of a workplace injury. There is a seven-day waiting period before benefits begin; however, this waiting period does not apply if your disability lasts more than 21 days.
Benefits for total disability may continue for up to 500 weeks, while partial disability benefits may last for up to 300 weeks. Temporary Total Disability (TTD) benefits are generally calculated at 66 2/3% of your average weekly wage before injury, subject to minimum and maximum amounts.
Permanent disability
Permanent disability compensation is provided to individuals who experience lasting impairments following maximum medical improvement. In North Carolina, this type of disability is evaluated according to a schedule of injuries. The knee is evaluated as an impairment of the leg.
When assessing knee disabilities, conditions such as ankylosis (joint fusion or immobility) are rated as a percentage of impairment, depending on the joint’s position, which can be either optimal or less favorable. Additionally, joint replacement or reconstruction and limitation of motion in the knee can also be rated for permanent disability compensation. N.C.G.S. § 97-31(15) awards permanent disability compensation for the knee at 66 2/3% of the average weekly wage for a duration of 200 weeks.
Differences in workers’ compensation and personal injury in Apex, NC
The benefits you can receive for a knee injury under workers’ compensation differ from those available in a traditional personal injury claim. Typically, when the injury is employment-related, workers’ compensation is the appropriate remedy. Our lawyers will explore all options to help you maximize your award.
Typical Workers’ Comp Settlement Value for Knee Injuries
The National Safety Council reports an average workers’ compensation value for knee injuries of $39,416 in 2022-2023.
The average for all workers’ compensation claims in the period studied was $47,316, with claims involving the head and central nervous system the highest, on average.
It’s difficult to determine the potential settlement amount for your case based solely on statistics. Several factors can influence an individual’s settlement amount. These factors include your income before the injury, whether surgery is necessary, long-term limitations you might face, and whether there are questions about your right to benefits.
Impact of Surgery or Long-Term Limitations on Settlement Amounts
The need for surgery may increase the amount of knee injury settlement. In addition to covering the costs of the surgery and recovery care, an operation can also result in significant lost work time.
Furthermore, long-term limitations may impact your ability to work. Lost work may be compensated, in addition to an award for permanent disability.
Ensuring that your settlement amount is calculated fairly is a critical part of any knee injury workers’ compensation claim. Our lawyers can evaluate all types of compensation and make sure that your claim is complete.
Required Medical Evidence for Knee Injury Claims
Knee injury claims often rely heavily on medical evidence. Key evidence for a workers’ compensation knee injury claim may include:
- Diagnostic information
- Expert testimony regarding your ability to work and complete specific work tasks
- Necessary treatment, including surgery and physical therapy
- The nature and extent of permanent disability
- Information to refute a claim of a pre-existing condition
You may also need evidence to prove your right to compensation, including that the injury is work-related.
How To Handle a Disputed Knee Injury Claim
If your knee injury claim is disputed, you may challenge it by filing Form 18 to preserve your right to benefits. You may request a hearing before the North Carolina Industrial Commission to address specific issues, such as medical care, average weekly wage, your disability rating, and the overall right to compensation.
Many Apex, NC, workers’ compensation knee injury claims are resolved by settlement. A lawyer can help throughout this process.
How an Apex Workers’ Compensation Lawyer Can Help
A lawyer can assist you with all steps of your Apex, NC, knee injury workers’ compensation claim. They can identify important issues, gather evidence, negotiate a settlement, draft necessary paperwork, and answer your questions.
Horton & Mendez, Injury & Car Accident Attorneys, help injured workers receive compensation. See what you may receive for an Apex, NC workers’ compensation knee injury settlement and how our lawyers can represent you. Call or message us now.
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