Wisconsin employees who perform physical labor frequently suffer knee injuries, particularly if they lift heavy objects or kneel while working. The repetitive strain from these activities can injure the knees or tear soft tissues like ligaments and tendons. Knee replacement surgery may be necessary if the injury cannot be repaired with less invasive treatments or accelerates a prior condition like arthritis.
Wondering whether you can get a knee replacement covered by worker’s compensation in Wisconsin? You must meet specific requirements set by state law. Contact an experienced worker’s compensation lawyer from LawtonCates to learn whether you qualify.
Can I Get Worker’s Compensation Benefits for a Work-Related Knee Replacement?
Most Wisconsin employers are required to carry worker’s compensation insurance. This coverage can pay for medical care, provide income support, and include other benefits if approved. However, getting worker’s compensation claims for knee replacements approved can be an uphill battle. State law requires you to prove your knee injury occurred while you performed job-related tasks.
Qualifying for Worker’s Compensation for a Knee Injury in Wisconsin
The key to claiming worker’s compensation benefits for a knee replacement is to show how your injury relates to your job. That’s easier to do if your knee injury occurred from a one-time traumatic event while you were working, like getting struck by farm machinery. Medical records and witness statements can clearly link the incident and your injury.
However, many knee injuries that require a knee replacement result from repetitive strain or the exacerbation of a prior condition. In these cases, you must prove how your injury stems from your job duties. Doctor’s notes, physical therapy, and documentation of any prior knee treatments can help support a repetitive strain knee injury claim.
What Worker’s Compensation Benefits Can I Receive?
If approved, your employer should cover the full cost of medical treatments related to your knee replacement, including surgery, doctor’s appointments, physical therapy, and any medication you need.
You might also qualify for disability benefits after a knee replacement. Temporary total disability (TTD) benefits can cover a portion of your wages while you heal immediately after the surgery. Additionally, you might be eligible for permanent partial or permanent total disability benefits (PPD/PTD) if you can’t return to your old job or are permanently disabled.
Common Challenges to Worker’s Compensation Cases for Knee Replacements
It’s common for worker’s compensation insurers to deny claims on the first attempt. They may cite a lack of evidence showing the injury occurred in the scope of your employment. Representatives may question the necessity of knee replacement or challenge the medical costs involved with the surgery and the length of the recovery period. The more days you miss work, the more they have to pay.
Another challenge is taking legal action within the required deadlines. The usual time limit to file a worker’s comp claim in Wisconsin is two years after you sustain your injury. However, it can be difficult to determine when a knee injury occurs if it results from gradual strain. A worker’s compensation lawyer can help you figure out the timeline for your claim.
Why Should I Hire a Worker’s Compensation Attorney for My Knee Replacement Case?
At LawtonCates, our experienced worker’s compensation attorneys can help you apply for worker’s comp benefits, collect robust evidence supporting your claim, and present a compelling case to the insurer showing the injury occurred in the course of your employment. If the insurance company continues to deny the claim, our lawyers can represent you during appeals as necessary.
Get a Free Consultation – Contact Us Today
We all need money. If a knee injury is keeping you out of work and you need knee replacement surgery to get back on your feet, a successful worker’s compensation claim can keep you financially afloat while you heal.
LawtonCates is a respected law firm with a history of representing the hardworking people of South Central Wisconsin. Call or contact us today for a free consultation with a skilled worker’s compensation lawyer.
