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Aug

01

,

2022

How Much Compensation for Knee Injury at Work?

The knees are some of the most commonly injured parts of the body due to work-related accidents. These injuries can be devastating, affecting your mobility and capability to earn a living, perform daily tasks and more. As such, knee injury victims can hold their employers responsible for sustained damage and receive compensation to minimize the injury's impact.

Based on past cases' awards and accounting for inflation, the damages awarded for knee injuries resulting from accidents range between $14,206 - $64,553. The specific amount awarded is based on the severity of your injury, the degree of employer's liability and several other factors.

As experienced personal injury lawyers, we have successfully represented many knee injury victims across Ontario, obtaining the reimbursement they deserve. Our team understands the far-reaching effects of an injury, and we strive to ensure that our clients get the finances required for proper treatment, adjustment, and recovery.

What are The Typical Causes of Knee Injuries?

The knee can easily sustain injuries from a wide array of accidents at work, mostly through impact and unnatural twisting. Here are the top causes of workplace knee injuries.

1) Slip, Trip, and Fall Accidents

Slip, trip and fall accidents are the top cause of work-related injuries and the leading reason for worker’s compensation claims. This is not surprising because some workplaces, such as industries and warehouses, tend to have wet or oily floors that can easily lead to slip and fall accidents if proper safety measures are not followed. Other scenarios that lead to injuries at work include unsecured holes at construction sites, clutter and falling off ladders or levels.

These accidents can cause the knee to twist unnaturally, leading to torn tendons, meniscus and ligaments. If you slip, trip or fall at work or business premises, whether as an employee or customer, the employer or owner of the business could be liable for any resulting injuries. This is because they owe everyone on their property a duty of care.

2) Auto Accidents

For persons working in the transportation, construction and other industries that utilize automobiles, knee injuries can result from motor vehicle accidents. If your work vehicle collides with other cars, motorcycles, pedestrians or fixed objects due to a malfunction or other reasons and you sustain an injury, your employer could be liable.

During an auto accident, the knee can strike parts of the car or other objects leading to impact injuries, such as fractured or unstable patella.

3) Contact with Objects and Equipment

Working in warehouses and high-risk industries requires you to follow certain policies and have heightened situational awareness to minimize workplace injuries. However, accidents can happen even when you follow all set policies and protocols. Dropped loads, poorly guarded machinery, falling tools, collapsing structures and more can lead to injuries, including severe knee injuries.

How Severe Are Knee Injuries?

Knee injuries range from soft tissue injuries to severe knee cap and surrounding tissue damage. Some of the most common injuries sustained at work include:

  • Torn meniscus
  • Quadriceps tendon tear
  • Medial cruciate ligament (MCL) tears
  • Anterior cruciate ligament (ACL) tears
  • Posterior cruciate ligament (PCL) tears
  • Chondral injuries
  • Soft tissue injuries
  • Fractured patella
  • Patella instability

Given that the knee connects major bones and muscles, any injury can be significant for the rest of your life. Even when an injury seems minor, it can worsen if not properly treated, and the effects can be consequential. Therefore, it's important to get proper medical assessment and imaging to determine the severity of your injury and suitable treatment.

Severe damage to the knee requires surgery, especially when there is a pre-existing knee condition. Others heal without surgery. Either way, treatment is expensive, and a knee injury can affect your lifestyle. Therefore, it's important to seek compensation for any expenses and losses arising from your injury.

Seeking Compensation for A Knee Injury

Your mobility is essential for the performance of daily tasks, such as taking care of your family, working, having fun, personal care and housekeeping. A knee injury disrupts your ability to walk and perform these tasks.

When seeking compensation, one factor that largely influences the amount you get is the impact of the knee injury on your day-to-day life. In other words, the degree to which it has disrupted your life.

Therefore, after suffering a workplace injury, it's important to be straightforward from the get-go. That is, you should tell your doctors exactly how you feel, including the severity of the pain. Also, it would be best if you asked for imaging to establish the extent of your injuries. Being open and thorough during treatment creates records that support your claim. To ensure that everything is documented, use the PQRST method to describe the injury and pain to your doctor.

PQRST PAIN ASSESSMENT MODEL

P – Palliative factors

Provocative factors

What makes it worse?

What makes it better?

Q – Quality

Describe the pain

R – Radioactive/ Region

Where is the pain?

Does it spread to other parts?

S – Severity

How severe is the pain compared with other pain you have experienced?

How much does it affect your life?

T – Temporal factors

Does the intensity of the pain change over time?

 

Insurance companies try to keep compensations to a minimum or deny your claim altogether. One way they try to do this is by claiming that the accident did not result in your injury. This happens when you have pre-existing knee conditions, such as a previous injury. Therefore, it's important to explain the workplace accident in detail to your lawyer, doctors, and insurance company to show that it was the cause of your injury. Causation plays a huge role in any settlement.

As stated earlier, a knee injury disrupts your daily life. It's important to determine how it impacts your ability to work, enjoy certain activities that you used to, grow your career, perform daily tasks and more to ensure you obtain a fair settlement. Generally, the higher the impact on your daily life, the higher the damages you'll receive.

To ensure you receive a reasonable settlement, one should retain an experienced knee injury lawyer in Ontario for legal guidance. Bergel Magence LLP has years of experience in personal injury law. We can protect your rights and fight on your behalf for the compensation you deserve.

Quantifying The Claim

This involves figuring out what your claim is worth. In other words, putting a value on what you have lost and incurred due to the knee injury suffered. This is done by looking at how the court valued similar losses in the past.

Although some losses are obvious and simpler to estimate, such as financial losses and medical costs, others are not. However, even the simplest losses require professional guidance to calculate, or you'll be under-compensated.

The most difficult losses to quantify include pain and suffering, caretaker needs, loss of the ability to physically carry out daily tasks, loss of earning capacity and future medical care needs.

Working with a lawyer and medical professionals, such as an Occupational Therapist, can help quantify your claim. An Occupational Therapist is particularly valuable as they’ll be with you throughout your recovery. This means that they’ll experience the impact of the knee injury on your life and can provide a detailed medical valuation to demonstrate the difficulties you’re facing due to the damage sustained.

As skilled and committed lawyers, we will take time to understand your life before and after the accident. This will help our team clearly demonstrate what you have lost and obtain a fair settlement.

Schedule Your Free Consultation

If you have suffered a knee injury or any other personal injury due to another party's recklessness, please reach out to Bergel Magence Personal Injury Lawyers. We offer free, no-obligation consultations.

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