We have been involved in hundreds if not thousands of knee injury cases over the years. Many of those have involved meniscus tears. For most injured Illinois workers, a meniscus tear case will go something like this:
- Hurt your knee at work
- Go to the doctor
- Get referred to an orthopedic doctor
- Have a MRI
- Discover meniscus tear
- Have surgery
- Return to work in 2-8 weeks depending on what type of job you do
Meniscus tears are serious and can keep a professional athlete out for a season, but most workers can recover to their normal jobs pretty quickly. The exception is some heavy duty laborers who may need a longer period of light duty work. So these are serious injuries, but in our experience, most injured workers recover pretty well. After that it’s get a settlement and move on with your life. Given the choice, you’d much rather have this injury than an ACL or MCL tear.
But Not Every Injured Worker In Illinois Makes A Full Recovery
In some cases, the surgery does not fix things. Either the doctor discovers the injury is much worse than the MRI showed or you are unlucky and the surgery does not make you feel better. That could be in part because of years of wear and tear on your knee or other issues,
When that happens, the direction of your case could vary. Some things that could happen include:
- Physical therapy
- Occupational therapy
- Another surgery
- Steroid injections
For some people, the meniscus surgery is the last straw in a badly deteriorated knee. It is possible you were feeling fine and walking around on it without pain until you tore your meniscus. But now from either unknown problems, old problems or complications of the first surgery, you need a knee replacement.
That is a major upgrade in injury significance and can require a long recovery. Most knee replacements require a short hospital stay and many people spend time in a rehab center to get them on their feet again and be watched for side effects such as blood clots.
From there, there will certainly be a lengthy period of physical therapy and then it really comes down to what type of work do you do. For many jobs, it will be difficult to return to your old work after a knee replacement.
What Happens To The Work Comp Case?
Because the need for a knee replacement traces back in part to your meniscus injury, it will be considered all one case. That means all of your medical bills will be paid whether you have your own insurance or not. You also should be compensated for all of your time off work. It is not unusual for a worker to miss six months or more of work after a knee replacement.
If you are unable to recover and return to your old job, you will be eligible for vocational rehabilitation. That would be assistance in looking for a job within your medical restrictions. You would continue to get paid during this time.
If you get back to your old job or find a new one making a similar amount, you will be eligible for a settlement based on how your leg has been impacted. Every case is different, but most of these settlements are significant. If you can only do a job making much less money, you could get wage differential benefits. Having an attorney at this point is incredibly important and can literally be the difference of hundreds of thousands of dollars.
And if you can not do any work any more because your injury is so serious and your background does not qualify you for a new job, you could receive permanent disability benefits for life. Depending on your age, those benefits could be in the seven figures.
Of course insurance companies will argue that your knee replacement is not their problem. We know how to push back on that and protect you. If you would like a free case review with an experienced lawyer, we have a great state wide network than can help you. Contact us any time at 312-346-5578.