If you’ve sustained a knee injury at work, you’re likely eligible to receive financial help for your injuries. Call James Koh at 213-232-2725; our law firm has the tools and resources available to get your workers’ compensation processed, even if you’re receiving resistance from your employer or insurance companies.
While not the most common type of injury sustained by workers, knee injuries make up one of the most serious types of non-fatal injuries on the job site. According to the Bureau of Labor Statistics, around 100,000 individuals suffer work-related knee injuries every year, 95% of which require treatment in the emergency room.
Once seen by a medical professional, workers who have sustained a knee injury on the job are faced with a devastating reality: lengthy recovery times and massive medical bills. While many of these injured workers would normally suit up and go back to work to pay off their bills, knee injuries usually require several weeks or even months of recovery time.
Fortunately, California offers workers’ comp in situations where injured workers are not able to return to work due to their recovery time as prescribed by a medical professional. It also covers medical expenses and any treatments that will be required for workers who have sustained a knee injury on a job, including occupational or physical therapy. If you’re having trouble accessing workers’ compensation benefits, take a look at the information below or give James Koh a call at 213-232-2725 for a free consultation.
Common Causes and Types of Knee Injuries
Knee injuries can either happen very suddenly and without warning or over time in occupations that require frequent bending, lifting, squatting, or climbing.
Here are a few common types of knee injuries that we have seen affect California workers over the years:
Strains and Sprains
Knee strains and sprains are common workplace injuries that occur when the ligaments or muscles around the knee are stretched or torn due to sudden movements or overexertion. This can happen during tasks that require repetitive bending, lifting heavy objects, or sudden twisting motions.
Knee sprains and strains can happen in just about any type of occupation, but our firm has noticed that they are particularly common with warehouse workers, retail employees, and agricultural workers. These injuries can result in pain, swelling, and limited mobility, impacting the individual’s ability to perform their job effectively.
Tendonitis
Tendonitis, inflammation of the tendons in the knee, often occurs in professions that involve repetitive movements such as kneeling, squatting, or climbing stairs. Workers in construction, plumbing, or carpet laying are particularly susceptible.
Overuse of the knee joint without proper rest can lead to irritation and inflammation of the tendons, causing pain and discomfort. For instance, a carpet installer who spends hours kneeling on hard surfaces may develop knee tendonitis due to the constant pressure on the knee joint, resulting in pain and stiffness.
Meniscus Tears
Meniscus tears are another prevalent workplace injury, especially in jobs that involve heavy lifting, bending, or twisting motions. These tears can occur when the meniscus, the cartilage that cushions the knee joint, is subjected to excessive force or pressure, often during activities like lifting heavy equipment or awkwardly twisting the knee while carrying loads.
Examples of employees that might sustain such an injury include a worker in a manufacturing plant bending down to pick up a heavy object or a salesperson attempting to pick up a floor model that was heavier than expected. Regardless of the context, meniscus tears require intensive and long-term treatment, sometimes extending six months.
ACL or MCL injuries
ACL and MCL injuries are common in workplaces where employees engage in physically demanding activities, sudden stops, or changes in direction. These ligaments provide stability to the knee joint, and injuries to them can occur due to twisting, hyperextension, or direct impact to the knee.
Jobs involving tasks like heavy lifting, manual labor, or sports activities increase the risk of ACL or MCL injuries.For instance, a construction worker may twist their knee while carrying a heavy load, leading to an ACL tear. Or a healthcare worker may suffer an MCL injury while assisting a patient in a sudden movement.
These injuries cause significant pain, swelling, and instability, and may require surgical intervention and extensive rehabilitation to restore function and mobility to the knee joint, impacting the individual’s ability to work effectively.
Bursitis
Bursitis, the inflammation of the bursae (small fluid-filled sacs that cushion the joints), can occur in the workplace due to prolonged pressure or repetitive movements that irritate the bursae around the knee leading to swelling, tenderness, and pain.
Occupations requiring prolonged kneeling or leaning on hard surfaces, such as carpet installers, roofers, or gardeners, are at a higher risk, due to the constant friction around their knees.
Dislocations
Knee dislocations are among the most serious types of knee injuries workers can sustain if not treated immediately. Knee dislocations happen when the bones in the knee joint are forced out of their normal position, often due to a sudden impact or trauma. This can occur in workplaces where employees are involved in accidents such as falls from heights, collisions with heavy machinery, or slips on wet or uneven surfaces.
Dislocations are severe injuries that require immediate medical attention and can result in significant pain, swelling, and instability of the knee joint. Many workers notice that once they have one knee dislocation, they’re prone to several more over the years and, at times, discomfort or pain throughout their life.
Fractures
Lastly, just like any other type of bone, knees can be fractured. The recovery time on knee fractures can be pretty intense and last as long as six months or longer.
These injuries can occur in workplaces where employees are exposed to high-impact activities, heavy machinery, or falls from heights. Construction workers, painters, warehouse workers, and retail employees commonly experience knee fractures, but as with any other type of knee injury, they can happen at nearly any time and in nearly any place.
Common Knee Injuries That May Qualify for Workers’ Compensation Coverage
While it may not have been clear to you from conversations that you may have had with your employer or their insurance representative, any injury that a worker sustains while performing the typical duties associated with their job will likely qualify for workers’ compensation.
In terms of knee injuries, this includes:
- Strains and sprains
- Tendonitis
- Bursitis
- Dislocations
- Fractures
- ACL (anterior cruciate ligament) injuries
- MCL (medial collateral ligament) injuries
- Meniscus tears
- Patellar tendonitis
It’s important to know as a claimant that even if you have a preexisting condition relating to your knee, you will likely still be eligible for workers’ compensation as long as the old condition was aggravated by a separate condition that occurred at work.
Proving this can often be hard to do alone, but as a law firm experienced with workers’ compensation claims, we are more than equipped to handle disputes that may arise between claimants, their employers, and insurance representatives.
If you need help with a workers’ compensation appeal, defending your case, or communicating with the necessary parties on your behalf, call James Koh at 213-232-2725 and tell us a little about what you’re going through.
Available Workers’ Compensation Benefits for Workplace Knee Injuries
Many workers filing for workers’ compensation are surprised to learn that there are several components to workers’ compensation benefits. Within workers’ compensation, there are several types of benefits that may or may not apply to you as an injured worker.
Here are a few benefits that may or may not apply to your specific knee injury case:
- State Average Weekly Wage (SAWW): Because recovery time can be very lengthy, the benefits an injured worker receives from a knee injury are often a percentage of their average weekly wage before the injury. To calculate the AWW, the earnings for the 52 weeks before the injury are typically considered. This includes wages, bonuses, and other forms of compensation. If the employee did not work the full 52 weeks or their wages fluctuated, a different method may be used to determine the AWW.
- Temporary Disability Benefits: If an employee’s knee injury results in a temporary disability and they are unable to work due to their condition, they may be eligible for temporary disability benefits. In California, temporary disability benefits are typically calculated at two-thirds (66.67%) of the worker’s AWW, subject to maximum and minimum limits set by state law. These benefits are paid bi-weekly and are intended to replace a portion of the wages lost during the recovery period.
- Permanent Disability Benefits: If the knee injury results in a permanent injury, the worker may be entitled to permanent disability benefits. The amount of permanent disability benefits is determined based on the nature and extent of the disability, as well as other factors such as age and occupation. In California, permanent disability benefits are typically calculated based on a disability rating assigned by a qualified medical evaluator (QME) or agreed upon by the parties involved.
Don’t forget that while some of the benefits listed above may not apply to your case, at the very least, you’ll be eligible to receive medical treatment under your employers’ workers’ comp insurance.
Eligibility for Workers’ Compensation Benefits for Workplace Knee Injuries
As we discussed in the last few sections, workers who become injured or disabled due to a work accident are almost always eligible for workers’ compensation, but there are some stipulations.
For starters, you need to be an employee in order to receive all workers’ comp benefits. All independent contractors will be responsible for their own medical care in the event of a workplace accident.
Secondly, the injury for which you’re seeking workers’ compensation needs to have taken place while performing the normal duties of your employment. For example, let’s say that Jill is a sanitation worker and she slips on some wet asphalt while getting in and out of her truck, sustaining a torn meniscus. In this situation, Jill will be eligible for workers’ compensation because making stops on her route and getting in and out of her truck is a normal part of being a sanitation worker.
However, if Jill had slipped while running personal errands on her break, this would likely not be considered part of her job, and she would probably have to foot the medical bill herself.
Note, however, that the injury location doesn’t need to be on her employer’s property to file a workers’ comp claim. Jobs that require their employees to go to several locations (such as a delivery person or bus driver) will still be able to file a claim, so long as they are working and they are performing the typical duties of their employment.
How to Initiate Your Knee Injury Workers’ Compensation Claim
Before filing any paperwork, make sure your medical needs are taken care of. Knee injuries are almost never minor and will require immediate medical attention, likely at an emergency room. If you’re eligible for workers’ comp as described above, this visit will be covered by your employer’s workers’ comp insurance.
The next step will be to notify your employer, but speak with your attorney before doing this. In order to file a claim, you’ll be required to do this within 30 days. Your employer should provide you (or direct you to) the necessary forms, but if not, you can find them on the California Department of Industrial Relations website.
After all of the necessary paperwork has been filed, you will be contacted by a representative of your employer’s workers’ comp insurance. Unfortunately, this is not always a positive experience for claimants. The representative assigned to your case will likely try to find holes in your claim and may even try and frame your case in a way that shows that you are ineligible for benefits so that the insurance company won’t be required to pay.
When in doubt, remember that you have a right to an attorney during these conversations, and you can even have your attorney communicate with insurance representatives on your behalf.
Speak with a California Workers’ Compensation Lawyer for Your Knee Injury
Communicating with the insurance companies or your employer on your behalf isn’t the only benefit to hiring a workers’ compensation lawyer; we can also help you file all of the necessary paperwork at the scheduled deadlines (there are several), and we can also represent you during an appeal.
Most importantly, we can provide you with guided advice throughout the process, so that your rights as a worker are protected.
If you’re ready to get started on a claim, or you simply have a few questions, we encourage you to give James Koh a call at 213-232-2725. Our firm serves California workers and their families, and we’re ready to serve you, too.
Contact Us
If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
