You can receive workers’ compensation for a knee injury if it is the result of a workplace accident or occupational disease. You may receive 66 2/3% of your average weekly wage, plus medical care and other benefits if you are unable to work because of a knee injury. To receive benefits, you must report your workplace injury, receive medical care, and pursue your claim.
Knee Injury at Work—Workers’ Compensation
- A knee injury at work is a type of injury that may qualify for workers’ compensation.
- Injury that results from an accident or occupational disease may qualify.
- Workers’ compensation provides a range of benefits, including medical care and physical therapy.
- Pain and suffering is not payable through workers’ compensation but may be available through a third-party claim.
- A lawyer can represent you in a claim for benefits.
Workers’ comp for knee injury claim denied? Talk to a lawyer.
Do you need help with a workers’ compensation claim for a knee injury? Horton & Mendez Injury Attorneys is taking new cases now. Call or message us to talk to an Apex workers’ compensation lawyer and get legal help today.
Work-Related Injury
Knee injuries qualify for workers’ compensation in two ways: sudden accident and repetitive stress.
Accident
An accident is a specific incident, even a minor one, that results in injury.
For example, a person is employed as a package delivery driver. A package begins to fall off a shelf in the delivery truck. The driver lunges towards the package, and they tear a ligament in their knee. This is an accident that results in injury and is covered under the definition of injury in N.C.G.S. § 97-2(6) (“injury shall mean only injury by accident”).
By contrast, if an injury occurs while a person is on the job, but there is no accident, they may not qualify for compensation. For example, a delivery driver is walking up a driveway to make a delivery. The person’s ligament suddenly tears. There is no accident that the person can point to for a workers’ compensation claim.
In addition to the requirement of an accident, the injury must occur in the course of employment.
Whether a workplace accident occurred is often a contested issue. Unscrupulous claims adjusters may claim that an accident never happened, knowing that the injured person doesn’t know what counts as an incident or accident. If this has happened to you, contact us. We’ll explain how a lawyer can fight for your benefits.
Repetitive stress
Repetitive stress in the knee can damage muscles, tendons, ligaments, and joints.
Examples are patellofemoral pain syndrome, tendinopathy, bursitis, and iliotibial band syndrome. Repetitive stress knee injuries can cause pain, weakness, and mobility limitations.
Knee injuries that are the result of repetitive stress can be grounds for workers’ compensation. You must prove that the injury developed because of work conditions.
This can be a factual question that requires detailed medical evidence.
An attorney can help you gather the evidence and ask for a hearing in your case.
Benefits Available
Temporary disability
Temporary disability replaces income while you are unable to work. There is a seven-day waiting period. The first seven days become payable if the person is unable to work for more than 21 days (§ 97-28). Work disability may be full or partial.
Medical treatment
Medical evaluation, diagnosis, and treatment, including imaging tests, surgery, and medical care. You may also receive supplies like a scooter, cane, or prosthetics.
Rehabilitation
Including physical and vocational therapy.
Impairment
Permanent disability after reaching maximum medical improvement.
Impairment Rating in Knee Claims
A significant part of any knee injury workers’ comp claim is impairment compensation.
Many knee injuries leave lasting impairment. A person may have difficulty with mobility and weight bearing and may have an increased likelihood of re-injury.
Permanent impairment following maximum medical improvement is compensated under N.C.G.S. § 97-31. But the statute doesn’t mention knee injuries.
The NC Industrial Commission Rating Guide clarifies that knee injuries are covered under leg injuries. There is a guide to evaluate the knee as an impairment of the whole leg, including limited range of motion, which calls for an impairment rating of 5%-45% based on the degree of limitation.
Example of knee impairment calculation
For example, a person has limited motion in the knee. The extent of limitation falls in the 45- to 135-degree range. This calls for a 45% impairment rating. The person’s average weekly wage before injury was $1200. Multiplying by 66 2/3% produces a weekly compensation amount of $800. Loss of the leg is compensated for 200 weeks.
$800 X 200 weeks X .45 = $72,000
The extent of impairment and whether there are multiple impairments can significantly impact the award.
Compensation for Temporary Disability
If you are unable to work because of your injury, you may qualify for replacement income. It is paid at a rate of 66 2/3% of the person’s average weekly wage before injury. There are minimum and maximum amounts set by law.
Issues in Knee Claims
Common issues in workers’ comp knee injury claims include the following:
- Qualifying based on a workplace accident or injury; gathering the facts to explain what happened
- Disputes over needed medical care, such as physical therapy or whether surgery is appropriate
- The impairment rating, including when there are injuries to multiple body parts
- Calculation of the person’s average weekly wage
- Ability to work, including in a light-duty assignment
- Claim reporting and following the process; appeals
- Acts that may disqualify a person for benefits, like intoxication or willful disregard of a safety rule
- Negotiating the appropriate settlement
Our lawyers handle knee injury workers’ comp, including arthroscopic knee surgery settlements for workers’ compensation. We identify issues to advocate for the benefits that our clients deserve.
Talk to a Lawyer
You may deserve workers’ comp for a knee injury.
At Horton & Mendez Injury Attorneys, we know the insurance company playbook because we used to work for them. We put this knowledge to work for you. Call or message us today.
