A knee injury at work can affect almost every part of your daily life. Whether the injury happened from a fall, a twist, a blow to the knee, heavy lifting, climbing, repetitive work, or a work-related vehicle accident, knee injuries can make it difficult to stand, walk, bend, squat, kneel, climb stairs, or return to the job you performed before the accident. For many injured workers in Creek County, the first question is simple: how much can I expect to receive under Oklahoma workers’ compensation?
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Medical Treatment Is Usually the First Benefit
In most accepted workers’ compensation claims, the employer or its insurance company is responsible for reasonable and necessary medical treatment related to the work injury. For a knee injury, treatment may include doctor visits, imaging, physical therapy, injections, braces, medication, surgery, follow-up appointments, and specialist referrals. The amount paid for medical treatment is not usually paid directly to the injured worker, but it can be one of the most valuable parts of the claim.
Medical treatment also helps determine the value of the claim by documenting the nature and severity of the injury. A knee injury supported by MRI findings, surgical records, physical therapy notes, and physician restrictions is usually easier to prove than a claim based only on pain complaints without objective medical evidence.
Temporary Disability Benefits While You Are Off Work
If your knee injury prevents you from working while you recover, you may qualify for temporary total disability benefits. These benefits are to replace part of your wages while you are temporarily unable to perform your job or any alternative work offered by your employer.
Temporary disability is usually based on your average weekly wage before the injury, subject to Oklahoma’s legal limits. This means higher wage earners may not receive their full normal wages. If your doctor takes you completely off work, or your employer cannot accommodate your restrictions, temporary disability benefits may become an important part of the claim.
If the employer offers suitable light-duty work within the medical restrictions, the injured worker may be expected to perform that work. However, if the worker earns less while on restricted duty, temporary partial disability may become an issue.
Permanent Partial Disability After Maximum Medical Improvement
Many knee injury claims are valued after the injured worker reaches maximum medical improvement. Maximum medical improvement, often called MMI, means the treating physician believes the worker has recovered as much as reasonably expected, even if some pain, stiffness, weakness, or limitations remain.
After MMI, the injured worker may be evaluated for permanent partial disability. This is the part of the claim that seeks to compensate the worker for permanent impairment resulting from the work injury. In a knee case, the amount may depend on the percentage of permanent impairment assigned by a qualified physician, whether surgery was required, whether the injury affects the leg as a scheduled member, and whether the worker has lasting restrictions.
A knee injury can vary widely in value. A sprain with no permanent impairment may result in little or no permanent disability award. A torn meniscus, ACL tear, fracture, cartilage injury, or injury requiring surgery may result in a higher award if the medical evidence supports permanent impairment. A severe knee injury that limits standing, walking, kneeling, squatting, or climbing may also affect the worker’s ability to return to certain jobs.
The Type of Knee Injury Matters
Not all knee injuries are the same. The value of the claim often depends on the diagnosis. Common work-related knee injuries include sprains, strains, meniscus tears, ligament injuries, fractures, kneecap injuries, cartilage damage, bursitis, tendon injuries, and aggravation of preexisting arthritis or degenerative conditions.
Insurance companies often argue that knee problems are from age, arthritis, prior injuries, or degeneration rather than the work accident. This makes medical evidence extremely important. Even when a worker had preexisting knee problems, Oklahoma workers’ compensation may still apply if the work accident aggravated, accelerated, or worsened the condition.
Surgery Usually Increases the Value of the Claim
Knee surgery often increases the value of a workers’ compensation claim because it usually shows that the injury was more serious than a minor strain. Arthroscopic surgery, meniscus repair, ligament reconstruction, fracture repair, or other procedures may lead to a higher permanent impairment rating. Surgery may also require additional time off work, physical therapy, and longer recovery.
However, surgery does not automatically guarantee a large settlement. The final value still depends on the medical records, impairment rating, restrictions, wages, statutory limits, and whether the worker returns to the same job.
Work Restrictions Can Affect the Claim
Permanent work restrictions can significantly affect a knee injury claim. A worker who can return to the same job with no restrictions may have a different claim value than a worker who can no longer kneel, squat, climb ladders, stand for long periods, or perform heavy labor.
Restrictions are especially important for workers in construction, manufacturing, trucking, oilfield work, warehouses, maintenance, law enforcement, health care, and other jobs requiring physical activity. If the knee injury prevents the worker from returning to the same type of employment, vocational issues may also arise.
Lost Wages Are Not the Same as Pain and Suffering
Many injured workers are surprised to learn that Oklahoma workers’ compensation does not work like a personal injury lawsuit. Workers’ compensation generally does not pay separate damages for pain and suffering, emotional distress, inconvenience, or loss of enjoyment of life. Instead, benefits are usually medical treatment, temporary disability, permanent disability, vocational rehabilitation when appropriate, and certain other statutory benefits.
This difference is important when evaluating a knee injury claim. The value is usually based on the workers’ compensation system rather than what a jury might award in a negligence case.
Why You Should Be Careful Before Settling
After settling a workers’ compensation claim, the injured worker may be giving up important rights. Depending on the settlement terms, this may include the right to additional disability benefits or future medical treatment. Before settling a knee injury claim, it is important to understand whether future treatment may be necessary, whether the knee condition is stable, and whether the settlement fairly reflects the permanent impairment and work limitations.
This is especially true when the worker may need future injections, surgery, knee replacement, additional therapy, or continued medical care.
Creek County Workers’ Compensation Attorneys
If you suffer a knee injury at work in Creek County, report the injury as soon as possible, request medical treatment, follow your doctor’s restrictions, attend all medical appointments, and keep copies of paperwork related to the injury. Avoid giving recorded statements or signing settlement documents without understanding your rights. Our Creek County Attorneys have years of Workers Compensation experience and are ready to help. Call our team today at 918-209-3709 or use our online Ask A Lawyer feature for a free consultation to discuss your options. For other legal topics, check out our Creek County law blog.