Did you recently suffer a workplace knee injury in Wisconsin? If so, you could be entitled to worker’s compensation. However, the worker’s compensation process can be fraught with obstacles. A simple mistake could lead to a claim delay or denial, leaving you without critical benefits to provide medical and financial support. Understanding your rights to worker’s compensation for knee injuries can help you access and advocate for the benefits you deserve.
Do I Qualify for Worker’s Compensation?
If you sustained a workplace knee injury, you could likely qualify for worker’s comp benefits. Wisconsin law requires employers to carry worker’s compensation insurance if they:
- Employ three or more full- or part-time workers
- Pay $500 or more in wages in one quarter to one or more employees for work done in Wisconsin
- Are a farmer who employ six or more workers one the same day for any 20 days during a calendar year (January through December)
- Have out-of-state headquarters but employ workers in Wisconsin
Eligibility for worker’s comp also depends on how the injury occurred. Your knee injury must have come from performing activities within the course of your employment. For example, if you tore a cruciate ligament on a construction site after falling off a ladder, you could be entitled to worker’s comp. However, if you sustained the knee injury while running a personal errand during work hours, the injury would not qualify because you weren’t performing job-related duties when it happened.
What Worker’s Compensation Benefits Can I Receive?
If you qualify for worker’s comp for a knee injury, you can receive:
- Coverage for all reasonable and necessary medical expenses
- Partial wage replacement while your knee recovers
- Disability benefits if you cannot work or must perform light-duty work during the healing period
- Job retraining
Death benefits and burial expenses are other benefits available through worker’s comp, though not typically applicable for job-related knee injuries.
What Are Common Workplace Knee Injuries?
Common work-related knee injuries
- Torn meniscus
- ACL, MCL, or PCL tears
- Patellar tendon tears
- Fractured or dislocated kneecaps
- Knee sprains or strains
- Bursitis
- Tendinitis
- Osteoarthritis from repeated stress
- Cartilage or ligament damage
- Locked knees
- IT band syndrome
- Patellofemoral pain syndrome
- Baker’s cysts
- Nerve compression
What Steps Should I Take After a Knee Injury at Work?
If you hurt your knee at work in Wisconsin, take the following steps to protect your right to benefits:
- Notify your employer of your knee injury orally and in writing within 30 days. Your employer must file a report with their worker’s compensation insurance provider. The insurer should then report the claim to the Wisconsin Worker’s Compensation Division.
- Seek medical treatment immediately, even if your knee injury doesn’t seem serious. Your employer should direct you to a doctor of their choice, but you can choose a second physician if the first isn’t the right fit.
- Follow your doctor’s prescribed treatment plan. The insurance company scrutinizes claims carefully for fraud. Don’t give them a reason to question yours.
- Save all paperwork, including medical records, work restrictions, and letters from the insurance company. Strong evidence is essential to support your worker’s compensation case.
- Consult a worker’s compensation lawyer to discuss your options. Benefits are provided to employees regardless of fault, but that doesn’t mean the insurer will make it easy to get paid.
Get Help From Our Experienced Worker’s Compensation Attorneys
No matter where you are in the claims process, the skilled worker’s comp lawyers at LawtonCates can help you navigate the worker’s compensation system for your knee injury. Contact us today to schedule a free consultation with a member of our award-winning legal team.
