To obtain a Cornelius workers’ compensation knee injury settlement, you must file a claim. Don’t let the system stand in the way of getting the benefits that you deserve. An experienced attorney can help.
Horton & Mendez, Injury & Car Accident Attorneys, is now taking new cases in Cornelius. Get help from an experienced Cornelius workers’ compensation lawyer for your knee injury workers’ compensation settlement by calling or messaging us.
Knee Injury Workers’ Compensation Settlements in Cornelius, NC
The Bureau of Labor Statistics reports that over 100,000 non-fatal workplace knee injuries resulted in missed work time in the United States in one year. These knee injuries resulted in a median of 16 days of lost work. BLS also reports 66,650 knee injuries in the private industry alone in the year 2020.
Frequent Workplace Accidents That Cause Knee Injuries in NC
Common accidents that can result in workers’ compensation knee injuries include:
- Falls: from the same level or from an elevated height
- Body reaction or exertion: stepping or twisting in a way that results in acute injury
- Slip, trip, or loss of balance: without a fall
- Overexertion: placing strain on the body that it cannot handle
- Object or equipment accident: causing trauma to the knee
- Violence: including assault, equipment sabotage, jostling, or use of a weapon
- Motor vehicle accidents: causing blunt trauma or lacerations
- Chemical exposure: harmful contact resulting in burns and other injuriesggg
Accidents that cause knee injuries in the workplace may involve flooring, walkways, surfaces, machinery, parts, materials, vehicles, fixtures, and other factors.
Benefits Available for Knee Injuries Under Workers’ Compensation
Cornelius knee injury workers’ compensation settlements fall under North Carolina workers’ compensation laws. Benefits may include:
Replacement income if you can’t work
You may receive temporary payments if you can’t work because of your knee injury. Replacement wages are a percentage of your income pre-injury. You may receive compensation if you are unable to work; if you’re able to work in a reduced capacity, your compensation may be a percentage of the difference between your pre-injury wages and your wages in your new capacity. While there is a seven-day waiting period, if you’re unable to work for 21 days or more, the first seven days are payable.
Medical benefits
The workers’ compensation system is meant to help workers obtain access to medical care promptly. You may receive medical care for your knee injury at no cost to you, but you must go to the medical provider chosen by your employer. Medical benefits may include diagnostic testing, surgery, procedures, rehabilitation, and mobility support.
Medical benefits are a commonly disputed issue in knee injury workers’ compensation claims. Our lawyers can help you fight for your compensation.
Permanent disability and damage
When a knee injury results in lasting disability, the workers’ compensation system provides compensation. The amount paid depends on pre-injury earnings and the degree of lasting impairment.
Knee injuries are evaluated as impairment of the leg. Joint fusion and immobility are rated as a percentage of impairment. Joint replacement and reconstruction can also be compensated for permanent disability (N.C.G.S. § 97-31(15)).
The degree of permanent disability can be disputed in knee injury claims. Our lawyers can help you pursue a workers’ compensation knee injury settlement that reflects the appropriate permanent disability rating.
Average Settlement Amounts for Knee Injuries in North Carolina
In 2022-2023, NSC reports an average knee injury workers’ compensation settlement amount of $39,416. The amount includes an average of $19,555 paid for medical care and $19,861 paid as monetary benefits.
Each case is determined by its individual merits, with several factors influencing what a case may be worth. In addition, workers’ compensation laws are different in every state, and these laws may impact average amounts by state.
Consulting with an experienced lawyer can help you understand what workers’ compensation knee injury settlement you might receive. Our attorneys are taking new cases now.
How Surgery Impacts Compensation
Knee injuries vary in their nature and severity, and surgery can impact your compensation. The doctor may recommend a short course of physical therapy when you really need surgery. You can take steps to challenge your medical benefits and get the treatment that you need.
There are multiple ways to structure a settlement, including factoring in the costs of future medical care. This approach could enable you to obtain surgery from your choice of providers. Our lawyers can help you structure your agreement.
What Evidence Do You Need for a Strong Knee Injury Claim?
Strong evidence in a knee injury claim may include:
- Diagnosis of the injuries you have, including those to the knee
- What medical care is needed, including surgery and rehabilitation
- Information about your pre-injury wages
- Proof that an accident or incident occurred in the workplace
- Evidence of your status as an employee
- Medical information relating to permanent disability and impairment rating
Horton & Mendez, Injury & Car Accident Attorneys, can identify important issues and build evidence for your case.
How To Appeal a Denied Knee Injury Workers’ Compensation Claim
If your knee injury workers’ compensation claim is denied, you can appeal it by filing Form 18 to preserve your right to benefits. You can then use Form 33 to request a hearing before the North Carolina Industrial Commission. Ultimately, the NCIC can order the insurance company to pay your benefits, even if your claim is initially denied. You can further appeal the decision of the NCIC.
It’s not enough to file the appeal. You must have evidence. Reviewing the reasons for the denial can help you identify what evidence you need. You may resolve your claim by hearing or by settlement, and have an attorney represent you in appealing a denied knee injury workers’ compensation claim.
Why Hire a Cornelius Workers’ Compensation Attorney
Injuring your knee at work can create many challenges. Having a Cornelius workers’ compensation attorney gives you an experienced professional to manage your case. At Horton & Mendez, Injury & Car Accident Attorneys, we are experienced in workers’ compensation knee injury settlement negotiations.
Call or message us now.
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