Michigan lawyer discusses the average workers’ comp knee injury settlement and how to avoid low-ball insurance company offers.
Did you know the knee is considered the largest joint in the human body? It is used for sitting, standing, walking, bending, kneeling, crouching, crawling, and lifting. People rely upon their knees for basic everyday activities. Here is some information about the average workers’ comp knee injury settlement.
Many employees develop aches and pain to the knees after a long day on-the-job. This is usually not an issue until it interferes with their ability to work. An injury can result in financial disaster if an employee can no longer perform his or her job. They may even need expensive replacement surgery to address the problem.
Knee injuries are some of the most common types of cases that we handle. Insurance companies dispute these injury claims for a variety of reasons. Keep reading to find out about legal rights and the average workers’ comp knee injury settlement.
Common Types Injuries
There are several important ligaments in the knee such as the anterior cruciate ligament (ACL), posterior cruciate ligament (PCL), medial collateral ligament (MCL), and lateral collateral ligament (LCL). These ligaments can be torn from activities that require a sudden change in direction, rotation, or stop/start. Surgery is typically required to improve stability and repair the damage.
The meniscus is a tough and rubbery cartilage that acts as a shock absorber in the knee. It can be torn from twisting motions while bearing weight. Sometimes a loose body such as a piece of cartilage or bone can break off. This creates a problem when interference occurs with operation of the knee joint. Surgery can be performed, but it can be difficult to fully recover.
Inflammation also affects various structures in the knee. Diagnoses include bursitis and tendinitis. These types of problems can interfere with normal movement of the joint and everyday work activities. Pain and swelling are common symptoms.
Workers’ Compensation Benefits
Michigan law protects employees hurt on-the-job. Medical treatment for this type of injury should be fully paid without any copays or deductibles. This includes mileage to and from doctor appointments. Durable medical equipment such as crutches or wheelchairs should be also be covered. Even family members who help with activities of daily following a surgery need to be compensated.
Disabled employees can also get lost wages covered. The amount paid should equal 80% of their after-tax average weekly wage. This is based upon the highest 39 weeks in the last year. A good rule of thumb is weekly checks should be about 60% of gross pay.
Average Workers’ Comp Knee Injury Settlement
Individuals hurt on-the-job can trade benefits for a lump sum cash payment. The average workers’ comp knee injury settlement amount varies from person-to-person. For a reference point it is worth noting that the average workers’ compensation settlement in Michigan was just $58,641.58 in 2019.
Settlement are are is calculated based upon how much the insurance company thinks it needs to pay out in medical and wage loss benefits. Insurance companies try to low-ball people who are in financial distress. Watch out for unfair disputes based upon findings of degenerative joint disease. Everyone has some arthritis as they get older, but it does not mean a claim should automatically be disputed.
Individuals who must undergo total knee replacement surgery usually have lifetime medical costs. We recommend speaking with an experienced lawyer to make sure legal rights are protected and the workers’ comp knee injury settlement amount reflects the seriousness of the claim.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.