Why knee injuries are frequently disputed under workers comp and what you can do to protect yourself
There are several injuries that are commonly disputed by employers and insurance companies, including knee injuries. The information below will help you protect yourself if you have difficulties with your work comp claim after a knee injury.
For help now, call one of our attorneys at (844) 345-0952, or fill out our free contact form. The call and the advice are free.
Q. Are people with knee injuries often denied work comp?
A. Every injury and every case is different. But individuals who suffer knee injuries at work are often denied workers compensation benefits. These injuries tend to occur from any activity that causes you to twist or rotate your knee. Activities such as kneeling, pivoting, squatting, lifting, or sudden stops and turns can result in injury.
Employers and insurance companies do not want to take responsibility for a knee injury because it costs them money. They will look for any excuse to deny the payment of benefits. It is common to see disputes based upon a preexisting condition or incidental findings of arthritis.
Q. How does arthritis affect my knee injury?
A. Almost everyone has some arthritis in their knees. But that does not mean that a person did not suffer a legitimate knee injury. If you could work before the knee injury but cannot now, this is good evidence that something changed.
Q. What should I do if I suffered a work knee injury?
A. Watch out for increased pain symptoms, swelling and stiffness.
Be sure to report any knee injury when it happens to your employer and to file an accident report. Then get medical attention. Here’s more information on what to do after an on-the-job injury.
Q. How are knee injuries typically treated under workers comp?
A. You are entitled to prompt medical care (and lost wages) for your knee injury. Some individuals heal with just physical therapy while others must have surgery. Many knee injuries can be treated fairly successfully with arthroscopic surgery.
All reasonable and necessary medical treatment should be paid under Michigan workers compensation.
Do not let the insurance company doctor tell you that your knee injury is just degenerative changes.
You have the right to choose your own doctor after 28 days. Find a doctor that you trust and get appropriate medical care. You may have a torn meniscus or internal derangement of the knee. There is no reason that you should suffer silently in pain.
Q. Can I receive work comp for my knee injury?
A. Yes. Under the Michigan workers compensation law, you are entitled to lost wages, medical care and vocational rehabilitation. Even though knee injuries are frequently disputed, doesn’t mean that you are not entitled to workers comp benefits.
For example, our lawyers recently represented a gentleman from Macomb County, MI who suffered a torn meniscus while stepping out of a semi-truck. He could not perform his job as a truck driver because he could not operate the clutch. He was denied workers compensation benefits and sent on his way with no medical treatment or income.
It turns out that his knee injury was work-related and the insurance company was just bluffing. We were able to settle his workers compensation case for a significant amount of money once we scheduled the deposition of his treating doctor.
If your insurance company or employer is giving you a hard time after a knee injury, or if you workers comp claim has been disputed, it’s best that you call a Michigan workers comp lawyer for advice.
Q. I’ve been sent to an IME, now what?
A. Employers and insurance companies regularly send people to their doctors for an independent” medical examination (IME). An IME gives your employer or insurance company a chance to have you examined by a doctor of their choice. It is required that you attend this examination or you could lose your right to workers comp benefits.
These “independent” insurance doctors are selected by your employer or a workers comp insurance company, and they often find “nothing wrong” with seriously injured workers.
Your work comp benefits could be be disputed based upon an IME report. Make sure that you’re treating with your own doctor — who has your best interests in mind.
Have questions about your knee injury and Michigan workers comp?
If your benefits have been disputed or denied after your knee injury, it’s very important that you speak with an experienced workers comp attorney to protect your legal rights
Call us at (844) 345-0952, or fill out our free consultation form. There’s no cost or obligation.
We’ve been protecting injured workers like you for more than 35 years, and we’re here to answer all of your questions.