Some people never fully recover from a knee injury, which may require training for a new job or light-duty work instead of their former occupation. These injuries have the potential to impact someone’s career and earning potential dramatically, which is where an experienced workers’ compensation attorney could help.
Worker’s compensation coverage helps employees after an on-the-job knee injury by covering medical bills, rehabilitation, and a percentage of lost wages, but because the process of filing can be complicated, you should contact a Greenville workplace knee injury lawyer.
Knee injuries can be caused by trauma, acute injuries, misuse, or overuse over time. Some potential causes include:
The nature of the accident is often more important than the cause when an employee can show the injury is work-related. Knee injuries can include ligament tears, fractures, meniscus tears, tendonitis, dislocation, bursitis, sprains, tears, and fractures. The type of injury determines the treatment, how long a person will be unable to work, and whether they will make a full recovery.
The insurer must focus on the specific injury type. A Greenville attorney could work to ensure an employee gets the correct compensation, treatment, and time off for their knee injury.
Because they impact mobility, a knee injury can make someone unable to work in their regular job for an extended period. A knee injury is unlikely to lead to a total disability for a worker, but because it can change their working abilities, they may be unable to secure the type of pay they had in a former position.
The benefits for knee injuries sustained at work include lost wages, medical care, some disability compensation, and replacement income for those earning less than they did before, but these benefits have limitations. The insurer can challenge the employee’s eligibility for each of the benefits, and the system is not adequate for many workers because benefits for lost wages only cover two-thirds of an employee’s average weekly pay over the last year. A Greenville attorney could explain the potential benefits for specific knee injuries.
Employees who receive workers’ comp have obligations, notably that they cannot sue their employers for personal injury in civil court. They also do not have to establish fault, but recovery amounts in personal injury lawsuits would often be much higher than a workers’ compensation payout. In addition to a workers’ comp claim, a workplace knee injury attorney in Greenville could examine whether an employee has any third-party claims.
After an injury, the doctor can release a worker to light-duty work. This is work with physical restrictions, generally tailored to the individual’s injury. For a knee injury, light-duty work might allow the worker to sit or restrict walking or lifting requirements. The employer has the chance to accommodate the restrictions, but when they choose not to do so, the employee continues to get their workers’ comp check.
Employers have the choice of whether to offer a light-duty position, but the employee does not, and choosing not to return to light-duty work can make someone ineligible for other workers’ compensation benefits even if the light-duty job pays less than the former job. However, a person is entitled to two-thirds of the difference in pay between the two jobs, which means light-duty work, even at a lower wage, should pay more than benefits alone.
Employees can negotiate with insurers to get the appropriate care and sufficient time away from work for a full recovery. The state also has an appeals process when workers’ comp is denied. When you have questions about your rights under the system, contact a Greenville workplace knee injury lawyer. They could help you navigate your workers’ compensation claim.
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