Average Workers Comp Knee Injury Settlements and Benefits: Complete Guide

Introduction

As a worker who has sustained a permanent impairment due to a knee injury at work, you may be eligible to claim a Workers’ Comp knee injury settlement and benefits as compensation. This lump sum payment is not in place of weekly wage payments, medical expenses. A lump sum is an additional benefit generally available through the NSW Workers Compensation scheme for knee injuries and other workplace illnesses or harm.

Table of Contents

1. How is My Knee Injury Assessed?
2. Claiming Workers’ Comp for Knee Injuries
3. How Much is a Knee Worth in a Workers’ Comp Claim?
4. Which Lawyers Are Best for Workers Comp Cases?
5. How Much is a Meniscus Tear Settlement?
6. How much lump sum Workers’ Compensation is payable?

How is My Knee Injury Assessed?

To be assessed for a lump sum payout and knee injury compensation claim for workplace injuries, your injury must generally be deemed to have reached maximum medical improvement (MMI). This means that your knee injury should have stabilised substantially and be unlikely to improve further within the next 12 months, with or without additional treatment ie. no further surgery considered. If you’re uncertain about your injury’s status, consult your treating doctor or specialist to determine if your knee injury has reached maximum improvement. For trusted legal representation, contact our experienced personal injury lawyers to guide you through the Workers’ Compensation process. For example, after total knee replacement surgery, you are considered to be stable anywhere between 6 – 12 months depending on how well your recovery progresses.

Claiming Workers’ Comp for Knee Injuries

Common Workplace Knee Injuries

Work-related knee injuries often include:

• Anterior cruciate ligament injuries
• Common knee injuries from repetitive strain
• Serious injuries requiring arthroscopic knee surgery
• Workplace knee injuries requiring total knee replacement
• Injuries leading to chronic knee pain
• Alternate knee pain due to over reliance

Available Medical Treatment Options

Workers compensation covers various medical expenses related to your knee injury claim:

• Physical therapy sessions
• Arthroscopic knee surgery costs
• Knee surgery costs
• All medical scans including MRI scans and X-Rays
• Medical providers’ consultations
• Domestic assistance during recovery
• Future medical expenses for ongoing care

Workers Compensation Claim Process

Initial Steps for Claiming Compensation

When dealing with a workplace knee injury:

1. Report the workplace accident to your employer
2. Submit work injury claim form
3. Seek immediate medical treatment
4. Document all medical expenses
5. Contact compensation lawyers for free legal advice
6. Begin your workers’ compensation claim

Role of Your Employer’s Insurance Company

The workers’ compensation insurer will assess:

• The severity of your knee injury
• Required medical expenses
• Lost wages and lost income
• Need for domestic assistance such as house cleaning and lawn mowing
• Maximum medical improvement status

How Much is a Knee Worth in a Workers’ Comp Claim?

At PK Simpson, 80 per cent of our clientele are labourers, steel fixers, scaffolders, forklift drivers, security guards and other similar physically demanding on your feet all day type jobs and we’ve helped them all to receive successful and adequate knee injury compensation and lump sum payments. If you suffer a knee injury at work, you are entitled to the following three primary forms of compensation under the Workers’ Compensation:

• Compensation for your work-related knee injury medical expenses and travel bills
• Weekly payments and benefits as compensation for your inability to work
• A lump sum settlement for permanent impairment should you meet the Whole Person Impairment (WPI) threshold for your knee injuries

Which Lawyers Are Best for Workers Comp Cases?

You need lawyers who work for you to get you the best outcomes possible. At PK Simpson, our lawyers work very hard to get clients over the 15 per cent WPI threshold, which allows the injured person to make a common law or injury claim for which they can make a lump sum claim.

That’s our main game, and to do that, our lawyers have to work with doctors and medical experts who have the right experience to make correct assessments. Some law firms new to Workers’ Comp cases don’t have access to the best contacts and experienced doctors. We’ve been doing Workers’ Comp law for 37 years and have an excellent record of treating doctors to help our clients receive the compensation they deserve.

Average Compensation Payouts and Settlements

Factors Affecting Your Settlement Amount

Your workers’ comp settlement is largely determined by the following:

• Permanent impairment rating
• Whole person impairment assessment
• Person impairment threshold requirements
• Future medical expenses
• Lost income and earning capacity

Types of Compensation Benefits

Injured workers may receive:

• Weekly payments for lost wages
• Medical expenses coverage
• Lump sum payment for permanent impairment
• Workers comp benefits for ongoing care
• Compensation payouts when your work capacity is reduced aka Whole Injury Damages / Common Law payouts. These claims are made when your injury is assessed at 15% WPI or more

How Much is a Meniscus Tear Settlement?

As an example of an average workers comp settlement; Jim, worked as a scaffolder on a vast building site in Sydney. He was working on a cloudy day that threatened rain and was climbing down for safety reasons thinking it was about to rain.

A sudden downpour hit, and Jim’s foot slid on a perilous plank still slippery from previous rainfall. As he tried to stop falling over, he twisted his right knee, severely tearing the meniscus.

Such a tear is a serious knee injury, so Jim came to us for legal advice from a Workers’ Comp lawyer and lodged a Workers’ Compensation claim. We quickly got to work on his knee injury case.

Surgery was necessary

Jim was lucky he wore a safety harness or could have fallen and broken a leg or suffered head injuries. Still, doctors diagnosed the meniscus tear and found it was so severe he needed knee replacement surgery, which was paid for by Workers’ Compensation.

Due to the need for surgery, Jim was assessed by a PK Simpson requested medico-legal specialist and was deemed to have a WPI of 23 per cent after maximum medical improvement to claim a lump sum Workers’ Compensation settlement for his workplace knee injury. The IRO Approved Medical Specialist (AMS) agreed with PK Simpson’s medico-legal specialist rather than the insurers specialist.

Claim accepted!

We worked hard to get Jim the Workers’ Compensation benefits for lost wages and medical bills that he deserved for his workplace injury. The insurer accepted liability for the claim, and he was compensated with Workers Comp benefits for his weekly pay entitlements and his medical expenses. We won Jim over $500,000 for his knee injury, plus his weekly earnings, loss of past and future income and medical expenses, which the insurer had continued paying. Jim was also reimbursed for time off work for his surgery, rehabilitation and recovery.

How much lump sum Workers’ Compensation is payable?

The amount of lump-sum compensation payable for workers’ Compensation claims made on or after 19 June 2012 is set out in the following table:

For injuries suffered after August 5, 2015, the amount payable for lump sum Workers’ Compensation has increased according to the following table:

Get In Touch With PK Simpson Today

Get the support you deserve for your Workers’ Compensation knee injury claim. Contact PK Simpson today to speak with our expert team and start your journey toward the compensation you need.

Note: Labor statistics show that workplace knee injuries are among the most common work-related injuries in Australia. Each injury claim is unique, and compensation payouts vary based on individual circumstances.

Related Contents:

• Your Guide to Back Injury Compensation
• 5 Common Types of Back & Neck Injuries At Work
• Workers’ Comp Settlement For Neck Fusion Explained
• What to Do If You Have a Work Related Shoulder Injury?

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• Work Injuries
• Workers Compensation
• Workers Compensation Claim
• Workers Compensation Lawyer