Michigan lawyer discusses knee injury at work and possible cash benefits.
Many of our clients have been doing heavy work for their entire lives. A knee injury at work can be devastating if it prevents them from standing or walking for any length of time. These physical activities are necessary to perform essential job duties. This is especially true when a person ends up with permanent restrictions. The transition to a sit-down job can be extremely hard.
We encourage our clients who’s doctors gave them permanent restrictions to start thinking about their future. Many of our clients return to gainful employment with medical and vocational rehabilitation. Some want to get a lump sum cash payment and then just apply for Social Security disability benefits.
Here is some information about potential workers’ comp benefits and cash settlement. Please remember that every situation is different, so it is best to speak with an experienced workers’ comp lawyer about the individual facts of any claim.
How much compensation for a knee injury at work?
Workers’ comp protects employees hurt on-the-job. Benefits include lost wages, medical, and vocational rehabilitation. The amount paid for a settlement is going to depend upon length of disability and future medical needs. The average settlement in 2020 was $59,235.42 but many of our clients get much more.
Disabled employees are supposed to be paid 80% of their after-tax average weekly wage. This calculation includes money for overtime, discontinued fringe benefits, and second jobs. It is based upon the highest 39 paid weeks out of the 52 paid weeks before the knee injury at work. Weekly checks should be paid until a person removes themselves from the workforce. Watch out for insurance companies who use post-injury wage earning capacity (PIWEC) to reduce the amount paid.
Medical Treatment & Vocational Rehabilitation
All reasonable and necessary medical treatment should be covered after being hurt on the job. This includes ambulance runs, emergency room visits, hospital stays, doctor appointments, prescription medication, physical therapy, injections, and surgery. Many of our clients also need attendant care to help with activities of daily living and this should also be covered by the insurance company.
Vocational rehabilitation can be used to get additional education or retraining. This is very helpful when a knee injury at work prevents an employee from ever doing their former job again.
Settlements
Sometimes a disabled employee wants to settle his or her claim for a lump sum cash payment. This is a great option for a person who loses their job and wants to move on with their life. The value of any settlement is going to depend upon how much the insurance company believes it must pay in workers’ comp benefits. Watch out for insurance companies who make low-ball settlement offers thinking a person does not understand their 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 35 years. Call (844) 316-8033 for a free consultation today.
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