No one wants a knee injury of any type. Individual mobility is one of life’s greatest assets, and not being mobile can be one of the greatest difficulties. Freedom for most people is commensurate with the freedom to move with ease. However, knee injuries are very common in certain areas of employment that require workers to depend on mobility and being on their knees regularly to complete their assigned tasks. And when workers are injured, the knees rarely return to former capability.
As a matter of fact, significant knee injuries can easily result in a partial or even total disability in many cases. There are several different problems that can occur when knees are damaged because it is one of the most complicated regions of the body. Knee caps tend to take the brunt of injury for workers like construction professionals or roofers who spend a major portion of work time on their knees. In addition, there are specific ligaments and tendons in the knee that can strain and tear as well.
Diagnosis can be a complex process even with x-rays, and surgery is a very common result for proper repair if it is attainable. Total knee replacement is not uncommon.
Kneecap Issues
One of the most common injuries to the knee occurs with the knee cap. Not only can they bruise very easily, they can also actually break or become completely dislocated with over-activity. Many construction workers can experience significant soreness in their knees because of multiple work positions, and soreness is not an actual injury.
However, soreness can be an indication of a more serious problem that could well be happening underneath the cap. And when they become dislocated, surgery is commonly needed to repair the damage. Knee cap surgeries may seem superficial, but they can be just as complicated and expensive as a tendon repair procedure.
Torn Ligaments
The knee also contains four major ligaments that can be strained or torn when serious impact or twisting occurs. The biggest problem with these injuries is not the repair process, but the amount of time it takes for a full recovery. These are well-known because many athletes experience these injuries. They are termed in the medical field as:
- Anterior cruciate ligament
- Posterior cruciate ligament
- Medial collateral ligament
- Lateral collateral ligament
They are also known within the medical field as the ACL, PCL, MCL, and LCL, each of which can be strained or completely torn requiring connective surgical repair. Many times the respondent workers compensation insurance company will also request an independent evaluation of the injury when the need for surgical repair can be questioned, but most cases are undisputed with supporting medical evidence.
Surgeries can also be very expensive and often are an element of a workers compensation settlement because the injury takes a significant time to rehabilitate, which means the insurance company will be responsible for wage replacement as workers often cannot return to their same employment position. This would make the claim a long-term wage replacement case, and possibly a retraining issue when a personal injury lawsuit may be available due to employer negligence.
Full Knee Replacement
The most serious and expensive surgery of all following a knee injury is the total knee replacement. This can be the result of both a serious accident or even a condition that has developed over time with overuse of the knee. A total replacement usually occurs when the injury has progressed to a bone-on-bone situation. Not only are the surgeries very costly, but the recovery time can take up to one year for full rehabilitation.
And even though the knee feels as good as new after healing in many cases, problems can still occur with metal replacement assemblies. The knee assembly still can not handle the stress of continual work in a supportive work position after knee surgery. Total disability is not uncommon with a full-blown knee injury.
Potential Permanent Disability
Many knee surgeries can result in a total disability claim when they occur after the age of 50 years. The Social Security Administration does not require injured workers over 50 with certain disabilities or medical issues to return to work in a different working environment.
Those who have worked manual labor position throughout their career can be determined disabled. However, this does not stop the availability of a workers comp settlement. Disability benefits can be paid above and beyond any amount that the injured worker can negotiate from the workers comp insurance company or the employer in cases of a personal injury lawsuit due to employer negligence.
While the cost of the surgery can impact a total workers comp claim, the real issue will be the amount of lost income based on the physical condition of the injured claimant after the fact. Both approval processes will require solid representation from a legal professional for whole benefit payment.
Do Not Delay
Never accept the idea that knee soreness is not an indication of a bonafide injury under the surface. Pain in an indication of damage, and soreness does not carry the intense pain of a true knee dislocation. Always report the condition to an employer as soon as possible and seek medical attention whether or not the employer is agreeable.
If the employer contests the claim, it could actually be much more valuable based on the cost of the repair and the fact they were non-compliant when the injury reported. This establishes negligence within itself, and a negligence lawsuit is what makes the injured worker whole after the fact. It is not beyond the realm of thought that a workers comp claim, personal injury claim, and a bad faith insurance claim may all three exist. And this is not to mention a potential disability determination after the process.
Never let a knee pain situation go unattended without in-depth medical evaluation. Call a doctor as soon as possible, and then call a workers compensation attorney next who has an excellent track record of results for their injured clients.