Michigan lawyer discusses how workers’ compensation can cover a total knee replacement with insurance benefits or with a settlement option.
We have represented many clients with serious knee injuries. These can be devastating and require a long recovery time. Types of knee injuries include tears to ligaments, cartilage, and meniscus. Swelling, stiffness, locking, and pain are common symptoms. Treatment consists of prescription medication, physical therapy, injections, and surgery. Here is some information about how Michigan workers’ compensation can cover a total knee replacement and your legal rights.
Knee replacement is always a challenge for our clients to get approved under workman’s comp. Insurance companies deny these claims based upon arthritis or degeneration. It is important to remember that just because a person has some pre-existing arthritis does not mean a claim to cover a total knee replacement should be automatically denied. Watch out for defense medical examiners who blame everything on old age.
A traumatic event can make a pre-existing knee condition much worse. Activities such as twisting, rotating, kneeling, pivoting, squatting, lifting, or sudden stops and turns can result in a work-related injury. Watch out for new symptoms such as increased pain, swelling, locking, and stiffness. Make sure these new complaints are promptly reported to the employer and your doctor.
Does workers’ compensation cover a total knee replacement?
In Michigan, workers’ compensation is designed to cover lost wages and all reasonable and necessary medical treatment including a total knee replacement. Attendant care benefits are paid to family members up to 56 hours per week who must help with activities of daily living. Mileage should also be paid to and from all medical appointments.
Lost wages should be paid under workman’s comp. The amount is based upon 80% of a person’s after-tax average weekly wage. This calculation includes overtime, discontinued fringe benefits, and even second jobs. Many of our clients are underpaid so make sure the insurance company has the highest 39 paystubs during the 52 weeks before getting hurt.
Some people cannot return to their old job and must find a new career. Vocational rehabilitation helps pay for education and retraining. This is important when a transition to sedentary work is required. Lost wages should also be paid during this time.
What is the average workers’ compensation settlement for a total knee replacement procedure?
In Michigan, there isn’t a specified amount for the average workers’ compensation settlement for a total knee replacement procedure. The statistics published by the Michigan Workers’ Disability Compensation Agency shows the average payout amount in Michigan for 2022 was just $62,316.56. Many people receive more than the average when evidence shows permanent restrictions and lifetime medical care.
The average payout amount is going to depend upon how much money the insurance company thinks it must pay in benefits. Insurance companies look at future medical needs and how long a person is expected to be off work. Insurance companies know the value of claims and they do not want to overpay.
Most people who undergo a total knee replacement are going to need lifetime medical and restrictions. It is possible to trade workers’ compensation benefits that will cover a total knee replacement for a lump sum cash settlement option. This is especially helpful if a claim has been disputed.
Settlement money can be used for any purpose and is income tax-free. We recommend speaking with any experienced workers’ comp lawyer to ensure all legal rights are protected and maximum dollars are paid.
Have questions about your workers’ comp claim? Call our attorneys now for a free consultation!
If you have had a total knee replacement due to work-related activities in Michigan and have questions about your workers’ compensation claim or settlement options, call now (855) 221-2667 or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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