Knee injuries can be debilitating and significantly impact an individual’s quality of life. In some cases, a knee injury may even result in temporary or permanent disability. If you have sustained a knee injury and believe it was the result of someone else’s negligence or wrongdoing, you may be able to file a claim for compensation.
This article will provide an overview of the process for suing for knee injury compensation in the USA, including information on the most common causes and types of knee injuries, how to claim workers compensation for knee injuries, and the process for calculating and pursuing a knee injury claim.
Most Common Knee Injuries
Some of the most common knee injuries include:
- Sprains and strains: These injuries occur when the ligaments or muscles in the knee are stretched or torn.
- Fractures: A fracture is a break in a bone. In the case of a knee injury, a fracture may occur in the thigh bone (femur), shin bone (tibia), or kneecap (patella).
- Dislocations: A dislocation occurs when the bones in the knee are forced out of their normal position.
- Meniscal tears: The meniscus is a piece of cartilage in the knee that helps to cushion and stabilize the joint. A tear in the meniscus can occur due to trauma or degeneration.
- Anterior cruciate ligament (ACL) injuries: The ACL is a ligament that helps to stabilize the knee joint. An ACL injury can occur when the ligament is stretched or torn.
Most Common Causes of Knee Injuries
There are many potential causes of knee injuries, including:
- Trauma: Knee injuries can occur as a result of accidents, falls, or other types of trauma.
- Overuse: Repetitive movements or activities can lead to overuse injuries in the knee.
- Degenerative conditions: As we age, the knee joint can become weakened or damaged due to degenerative conditions such as osteoarthritis.
- Genetic factors: Some people may be more prone to knee injuries due to genetic factors.
Knee Injuries at Work
According to the Occupational Safety and Health Administration (OSHA), the most common workplace injuries involving the knee are sprains and strains. These types of injuries can occur due to slipping, tripping, or falling, or due to lifting or carrying heavy objects. The industries with the highest rates of knee injuries at work include construction, manufacturing, and healthcare.
Claiming Workers Compensation for Knee Injuries
If you have sustained a knee injury while on the job, you may be eligible to receive workers compensation benefits. Workers compensation is a form of insurance that provides financial assistance to employees who are injured on the job or develop a work-related illness. In most cases, workers compensation covers medical expenses, lost wages, and other related costs.
To claim workers compensation for a knee injury, you will need to report the injury to your employer as soon as possible. Your employer is required to report the injury to the workers compensation insurance carrier, which will then investigate the claim. If your claim is approved, you will receive benefits to cover your medical expenses and lost wages.
If you are unable to work due to your knee injury, you may also be eligible for temporary disability benefits. These benefits are designed to cover a portion of your lost wages while you are unable to work.
Occupations Most at Risk of Knee Injuries
Certain occupations are more prone to knee injuries due to the nature of the work or the types of tasks involved. Some occupations that may be at higher risk of knee injuries include:
- Construction workers: The physical nature of construction work, including lifting and carrying heavy objects, can lead to knee injuries.
- Manufacturing workers: The repetitive nature of some manufacturing tasks can lead to overuse injuries in the knee.
- Healthcare workers: Healthcare workers may be at risk of knee injuries due to the physical demands of the job, such as lifting and transferring patients.
- Athletes: Athletes who participate in high-impact sports, such as football or soccer, may be at risk of knee injuries due to the strain placed on the joint.
- Dancers: Dancers may be at risk of knee injuries due to the high-impact nature of their work and the repetitive movements involved.
Knee Injury Claims from Car and Road Accidents
If you have sustained a knee injury in a car or road accident, you may be able to file a claim for compensation. This includes accidents involving cars, trucks, motorcycles, and bicycles. In order to file a claim, you will need to show that the accident was caused by someone else’s negligence or wrongdoing.
If the accident was caused by another driver, you may be able to file a claim with their insurance company. If the driver was uninsured or underinsured, you may be able to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage.
If you were injured in a pedestrian or bicycle accident, you may be able to file a claim with the driver’s insurance company or your own insurance company if you have personal injury protection coverage.
How Knee Injury Claims are Calculated
The amount of compensation you may be able to receive for a knee injury will depend on several factors, including the severity of your injury, the impact the injury has had on your quality of life, and the amount of medical expenses you have incurred.
In some cases, you may be able to receive compensation for:
- Medical expenses: This includes the cost of medical treatment, including surgeries, prescription medications, and physical therapy.
- Lost wages: If you were unable to work due to your injury, you may be able to receive compensation for the wages you lost during your recovery.
- Pain and suffering: You may be able to receive compensation for the physical pain and emotional suffering you experienced as a result of your injury.
- Future medical expenses: If you are expected to incur additional medical expenses as a result of your injury, you may be able to receive compensation to cover these costs.
Knee Injury Claim Time Limits
In most states, you have a certain amount of time to file a claim for compensation after you have sustained a knee injury. This time limit is known as the statute of limitations. The statute of limitations for personal injury claims varies by state, so it is important to check the laws in your state.
In California, the statute of limitations for personal injury claims is two years from the date of the injury. In Texas, the statute of limitations is two years from the date of the injury or, in some cases, the date that the injury was discovered. In Florida, the statute of limitations is four years from the date of the injury.
Other Commonly Asked Questions About Knee Injury Compensation
Here are some answers to other commonly asked questions about knee injury compensation:
- Can I file a claim if I was partially at fault for my injury?
In some states, you may still be able to file a claim for compensation even if you were partially at fault for your injury. This is known as a “comparative negligence” rule, which means that the amount of compensation you are awarded may be reduced based on your level of responsibility for the injury.
- Can I file a claim if I was injured on someone else’s property?
If you were injured on someone else’s property due to their negligence or failure to maintain the property in a safe condition, you may be able to file a claim for compensation. This is known as a premises liability claim.
- Can I file a claim if I was injured in a slip and fall accident?
Slip and fall accidents can result in serious knee injuries. If you were injured in a slip and fall accident due to someone else’s negligence, you may be able to file a claim for compensation.
In conclusion, if you have sustained a knee injury and believe it was the result of someone else’s negligence or wrongdoing, you may be able to file a claim for compensation. Seek justice and get matched with a pre-vetted knee injury expert attorney with Attorney Hawk.