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Getting Workers’ Compensation for a Knee Injury

Getting compensation for a knee injury is critically important if you have a work-related injury. Knee injuries are often serious. Proper treatment may require surgery and significant time off work. All of it can leave you wondering how you’re going to provide for yourself and your family. Our Tampa workers’ compensation attorneys explain the process of getting compensation for a knee injury at work.

Getting Compensation for a Knee Injury at Work

Getting compensation for a knee injury at work involves filing a claim for benefits. You must report the injury to your employer. They report it to their workers’ compensation insurance carrier. Then, you have a medical evaluation, and you receive treatment.

While you’re being treated, you receive compensation based on your average weekly earnings. If you’re permanently disabled, you continue to receive benefits indefinitely. Otherwise, if you’re still able to work, getting compensation for a knee injury at work means receiving a number of weeks’ salary as pay for your injuries.

Knee Injury Settlement Workers’ Compensation

Knee injury settlement workers’ compensation is based on your earnings and the number of weeks that you require treatment. Your medical care should be covered in full as long as the injury occurs during the course of your employment. Then, you receive replacement income.

If your injuries never fully heal, you receive an additional payment as a lump sum compensation for your permanent injuries. A knee injury settlement for workers’ compensation pays you for the losses that you have when the injury occurs at work.

Average Workers’ Comp Settlement Knee Injury

The average workers’ comp settlement for a knee injury is ⅔ of your wages during the period you receive medical treatment. Then, if you’re unable to recover fully, you receive additional weeks of pay, at ⅔ the rate of your usual average pay, as compensation for the fact that you have a continuing disability.

The average workers’ comp settlement with a knee injury also includes the cost of medical care from approved providers. The average knee injury workers’ comp settlement is ⅔ your usual income for a number of weeks based on the severity of your injuries.

Knee Injury Compensation Amounts

To determine knee injury compensation amounts, you must first define how long it takes you to treat your injuries. The most desired result is that you receive the care you need and continue to make medical improvement until you can return to work.

In some cases, treatment can make you as good as new. If that’s the case, you receive compensation for lost pay, and you return to work. However, knee injury compensation amounts apply when you have lingering disability after a knee injury at work, even if you’re able to return to work in some capacity.

How Much Compensation for a Knee Injury at Work in Florida

How much compensation for a knee injury at work in Florida begins with compensation while you’re receiving treatment. Your medical bills are covered in full, as long as you go to medical care professionals that are covered by the employer’s workers’ comp insurance. On top of that, while you’re unable to work during treatment, you receive compensation from the employer.

For periods that you’re wholly unable to work because of the injuries, you receive pay at a rate of ⅔ your average weekly wage. Some victims with very severe injuries may receive 80 percent of their weekly wages. There is a specific way to calculate your wage based on an average rate over a number of weeks. Bonuses and incentive pay are all included in the average. You get your weekly wage for the period that you’re recovering, up to a maximum number of weeks.

Knee Injury At Work

After you’ve reached the maximum amount of medical improvement, it’s time to evaluate your disability. The medical providers perform the evaluation. If you’re determined to be 100% disabled, you continue to receive your ⅔ average weekly wage indefinitely. Permanent disability continues until you reach age 75 or longer if you’re ineligible for social security benefits.

When you have a partial disability, you may return to work. However, you still have a partial disability, significant pain that goes along with your injuries, and possible earnings limitations. Because of your continuing partial disability, you deserve additional compensation. Your compensation is based on a disability rating. The disability rating is the percent of disability that you’re determined to have. That figure goes into a calculation to determine the number of weeks of additional compensation that you receive:

  • For each percent of disability between one and 10 percent, you get two weeks of pay.
  • For disability from 11-15 percent, you get three weeks of pay for each percent of disability.
  • Disability percentage points from 16-20 percent receive four weeks of wages each.
  • For 21 percent and up, you get six weeks of compensation for each percentage point of disability.

To determine your compensation for a knee injury at work, you take the disability rating the doctors assign you. Then you perform the calculations based on your percentage disability rating and your average weekly wage. That is how much compensation you receive for a knee injury in Florida.

What Percentage of Disability Is a Knee Injury?

There is no exact percentage of disability for a knee injury. Florida law 440.15 lists specific impairment ratings for exact percentages.[1] Severe motor disturbances of all kinds can be a permanent and total disability, but it must be limitations that are unique to the person.

To determine the percentage of disability for a knee injury, the medical care provider must make an individual determination. The percentage of disability for a knee injury depends on the limitations that are specific to the person. A worker may be permanently and totally disabled because of a knee injury, or they may be only partially disabled.

Contact Our Workers’ Compensation Lawyers in Tampa About Your Knee Injury Today

Get the attorneys who get results. If you need compensation for a knee injury at work, hire the experienced workers’ compensation lawyers at Jack Bernstein, Injury Attorneys. Our legal team fights until you have the compensation that you deserve. Don’t settle for less. Call us today for your free and confidential consultation.

Sources

[1] FLA. STAT. § 440.15 (2019)

About the Author

Jack G. Bernstein, ESQ.

For more than 37 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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