If you had a knee replacement because of injuries you sustained at work, the costs of recovery and some of your lost wages should be covered by Workers’ Compensation insurance. Our attorneys can help you determine what benefits you are entitled to and file a claim for it.
Some knee injuries require that the knee be replaced immediately, while other injuries develop over time, and only a replacement will help. If the knee operation derived from a work-related injury, it should be covered. Some workers are able to return to work after a knee replacement, so they can qualify for temporary disability benefits, which will compensate for 66 2/3% of the lost difference between their weekly wages and current lost earning potential. Victims with knee injuries that make them totally unable to work can recover 66 2/3% of their average weekly income while recovering.
To get a free case review, call our Workers’ Compensation attorneys in Arkansas today at (479) 316-0438.
When You Can Recover Workers’ Compensation Benefits for a Knee Replacement in Arkansas
Unfortunately, accidents happen at work, leaving workers with injuries that will cost them in medical bills and lost wages. Fortunately, most victims will qualify for Worker’s Compensation benefits to help cover some of these expenses. Those who received knee replacements will also typically qualify if it was associated with a workplace accident or occupational injuries developed over time. Our Arkansas Workers’ Compensation attorneys can help file your claim and use medical evidence to show your knee replacement was work related. We will track your medical expenses and how much in lost wages you should receive so that you get the support you need for your treatment and family.
How Knee Replacement Injuries Commonly Happen at Work
Many workers are severely injured in vehicle accidents while on the clock and need knee replacements during their recovery. Countless others sustain devastating knee injuries in slip and fall accidents, tearing muscles and tendons, which only a knee replacement can help. Other injured workers need knee replacements because their legs were partially crushed or hit by a falling object. Repetitive motion and overexertion can also lead to serious knee injuries, such as lifting boxes every day the same way for several years. However your injuries occurred, if it happened on the job, our team can help you file a claim.
One positive aspect of Workers’ Compensation insurance is that you can still qualify even if the accident was your fault. As long as you did not intentionally cause your injuries, can should still be able to file for benefits.
Amount of Benefits You Could Receive for a Knee Replacement
How much compensation you can recover in a claim depends on whether your knee replacement renders you totally or temporarily partially disabled.
Those whose knee replacements will not prevent them from returning to work at some point are considered to have a temporary partial disability. If your injuries qualify as such, you will receive 66 2/3% of the difference between your average weekly income before the accident and your earning capacity after the knee replacement, according to Ark. Code. § 11-9-520.
You will be deemed to have a permanent total disability if your knee replacement injuries prevent you from earning any meaningful income at the same job or another position, as per § 11-9-519(e)(1). However, the burden of proof is on the injured worker to prove that they are unable to make a living at any other place of employment under § 11-9-519(e)(2). Our team can help you gather that proof so you are not unfairly denied the benefits you need.
If you are considered permanently totally disabled, you will recover 66 2/3% of your weekly wages for the complete time you are unable to work, according to § 11-9-519(a). However, you might have to certify once a year to the Death and Permanent Total Disability Trust Fund that you are still totally and permanently disabled and not employed under § 11-9-519(d)(1). The certification must be sent within 30 days of getting notice by certified mail, or your benefits will be discontinued, as per § 11-9-519(d)(3).
What Are the Steps to Getting Workers’ Compensation After a Knee Replacement in Arkansas?
The first step to recovering Workers’ Compensation benefits for knee injuries on the job is to report the accident to your employer right after or as soon as you become aware of your injuries. You only have 30 days from that point to report it.
You must then provide your employer with a completed “Employee’s Notice of Injury,” also known as Form N, which you can access here. Your employer is then supposed to file a “First Report of Injury” with the Arkansas Workers’ Compensation Commission (AWCC). However, if your employer forgets or purposefully does not file, you have two years to file the first report with the AWCC. A violation like this would open up the possibility of filing a lawsuit against your employer, which is worth considering to cover all the damages stemming from your knee replacement.
After reporting your accident, you will next need to undergo an independent medical examination. Your employer or insurance provider determines who conducts the exam, so it will not be a physician of your choosing, and refusing can result in a denial of your claim. If you disagree with the company doctor’s medical opinion or are sending you back to work too soon, our team can arrange for you to get a second opinion from a doctor you can trust.
You must then complete several other forms and gather medical evidence to get your claim approved, which our lawyers can help complete. You should start receiving benefits in a few weeks if your claim is approved. If your claim is denied for some reason, our team will be prepared to file an appeal with the AWCC.
Call Our Arkansas Workers’ Compensation Lawyers for Help Covering Your Knee Replacement Damages
Call our Arkansas Workers’ Compensation lawyers today at (479) 316-0438 to receive a free review of your claim.