Michigan workers’ comp lawyer discusses the most common knee injury at work and how to get the best possible torn meniscus workers’ comp settlement.
Our law firm has represented thousands of clients and recovered millions of dollars in workers’ comp benefits. We have the experience and know-how to win a torn meniscus workers’ comp settlement in Michigan.
A meniscus tear in the knee is a common workplace injury that can lead an employee down a path where they are forced to undergo knee replacement surgery. Here is some information about legal rights and how to get the best possible torn meniscus workers’ comp settlement.
Employees who suffer knee injuries at work are often denied workers’ comp benefits. These types of injuries usually occur when an employee suddenly twists or rotates their knee. Activities such as kneeling, pivoting, squatting, lifting, or sudden stops can also cause injury.
Insurance companies frequently dispute these workers’ comp claims because of incidental findings of arthritis. Almost everyone has some arthritis and it does not mean that a knee injury did not occur. Watch out for insurance company doctors who say problems are degenerative and just caused by the ageing process.
Pay attention to increased pain symptoms, swelling, and stiffness. Be sure to report any knee injury when it happens. Ask for workers’ comp benefits if medical treatment is needed or time away from the job will be required.
Available workers’ comp benefits
Employees who are hurt on-the-job are entitled to get all medical bills paid under workers’ comp. This includes emergency room visits, medications, crutches, doctor appointments, and surgery. There should never be any copays, deductibles, or out-of-pockets that are owed. Medical should be covered for life regardless of employment status.
Employees who are unable to work should also be paid wage loss benefits. This is based upon the highest 39 paid weeks during the 52 weeks before injury. Weekly checks equal 80% of the after-tax value of average weekly wage. Payments are income tax free.
Average workers’ comp settlement for torn meniscus
The average torn meniscus workers’ comp settlement depends on several important factors. This includes future medical treatment and whether work restrictions are permanent. Settlements are based upon insurance company exposure and how much could be paid out in the future.
Our experience shows that employers do not want to bring people back to work after a serious knee injury. Insurance companies also get tired of paying weekly benefits. This combination results in aggressive return to work programs that might not be in a disabled employees’ best interests. It is possible to short-circuit this process and trade workers’ comp benefits for a lump sum cash payment.
Insurance companies will typically pay several years of workers’ comp payments in cash. Medical evidence needs to show continuing medical problems and disability. We recommend speaking with an experienced workers’ comp lawyer to help maximize your settlement value.
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.