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Common Types of Knee Injuries & Knee Injury Claims
Common Type of Knee Injury Claims
Depending on the causes of knee injury, you may be entitled to workers compensation claim, public liability claim, motor vehicle accident injury claim, or other negligent related injury claims. Common causes of knee injury are:
- knee injury at work – workers comp knee injury claims are relatively common and often occur due to strain injuries, another common cause is to fall on knees at work, or a knee impact injury at work.
- knee injuries from falling – it is often the case that workers carry large loads and suffer a range of injuries from slipping and falling, these include knee injuries from falling on concrete, patellar tendon injury from fall, fluid around knee after fall, damage to knee cap after fall, swollen bruised knee after fall, knee infection after fall, pain behind knee after fall, nerve damage in knee after fall. Depending on the circumstances of which your injury occurs, injured people may claim workers compensation, public liability injuries, or other negligence related compensation claims.
- knee injury from car accident – these can occur in a car accident knee hit dashboard or knee injuries can occur due to a knee injury from rear end collision. When a motor vehicle is involved in an accident and you are not entirely at fault, the common type of personal injury claim for this scenario is motor injury claim.
In certain knee accident injury claims, you may qualify for several type of knee compensation claim for your personal injuries. If this is the situation you are facing, please be aware that different time limits apply, and you need to be mindful of how to best optimise the overall settlement amount for your knee injury claims. Foyle Legal has helped injured people with knee injury claims since 2012. Call us for your obligation free claim review.
Common Types of Knee Injuries
At Foyle Legal, we often see clients involved in one of the following types of knee injury.
- traumatic knee injury
- knee nerve injury
- knee tissue injury
- permanent knee injury
- knee meniscus injury
- knee replacement injury
- knee strain injury
- severe knee injury
- twisted knee injury
- dislocated knee injury
- knee impact injury
- torn medical meniscus
- ACL ligament injuries
For minor injuries, physiotherapy is the most common treatment together with general practitioner review. Knee surgery is often required for severe knee injuries. Arthroscopic knee surgery and total knee replacement (TKR) are more common in severe knee injury claims.
Depending on the type of knee injury claims, if you have an accepted claim and the surgery is recommended by the treating surgeon, you can often claim medical expenses, knee prosthesis costs, reasonable medical travel expenses, rehab costs, and other associated care and assistance expenses.
If you are in the process of negotiating a knee injury lawsuit settlement, be sure to claim back medical expenses, together with other damages that you are entitled to. For the best outcome for your personal injury claim, it is strongly recommended that you consult a specialist knee injury lawyer.
Knee Injury at Work Compensation
Benefits Payable in the Western Australian workers compensation system
In the Western Australian workers compensation system there is a limited amount of compensation available. In the year commencing 1 July 2020 and ending on 30 June 2021 a brief summary of the benefits available for a workers compensation claim are as follows:
- Maximum Amount for Workers compensation weekly payments and monies for permanent impairment (Note can be extended where a person is permanently totally incapacitated) – $235,971.00
- Maximum Amount for Medical Expenses (Note this is often extended by an additional $50,000.00) – $70,791.00
- Maximum Amount for Vocational Rehabilitation – $16,518.00
Workers comp weekly payments (i.e, workers comp salary)
If you have a knee injury at work, you may claim knee injury at work compensation which includes weekly payments of compensation.
A knee injury claim arising from work is a kind of workers compensation claim. Workers compensation claims are administrated by WorkCover WA. In Western Australia. In Western Australia we have a no fault workers compensation claim system, this means you will be entitled to workers comp weekly payments (i.e, workers comp salary) if you claim is a accepted by a workers compensation insurer.
WorkCover Claim Rejected (Rejected Workers Compensation Claims)
In a no fault workers compensation claim, you don’t have to prove that your employer is negligent to get medical expenses such as knee surgery paid for and get a workers comp payout. Legally, your employer can’t reject your claim because of on the ground of negligence, however, they can and often do reject claims on the basis that the knee injury is not work related. If your claim is pending, or rejected by WorkCover WA, call Foyle Legal for your obligation free claim review.
Return to Work Prospects following a Knee Injury
Workers who are involved in very physical jobs such as diesel mechanics and drillers offsiders will have significant difficulty returning to work. Some workers will find work with their pre-injury employers taking less strenuous work such as supervisory work. In many cases the injured person will receive the maximum available which is $235,971.00 (correct for 1 July 2020 to 30 June 2021) either through workers compensation weekly payments or through a settlement. It is often difficult to prove that injured people are permanently totally incapacitated as generally there will at least be an argument that an injured person has some capacity for other employment.
How Much Compensation for Knee Injury at Work? Your Workers Comp knee Injury Settlement
How much compensation for my knee injury at work? The main factor is whether the knee injury results in the injured person being unable to return to their pre-injury work or to any work for which they have appropriate education training and experience. For this reason, attempts to work out the average workers comp settlement for knee injury claims can be misleading. We have provided information as to things that can change the outcome below.
The payout for a knee injury is largely determined by several factors including the following:
- The opinion of treating specialists and doctors conducting medico legal reviews concerning the need for surgery;
- The extent of the knee injury verified by scan such as a MRI scan or CT scan;
- The damage to adjacent ligament structures such as the meniscus and Anterior Cruciate Ligament (ACL);
- Whether an ongoing knee injury is accepted by medical specialists as being caused by a work injury or whether it is caused (or partially caused) by pre-existing degeneration to the knees which is common especially in workers doing manual work;
- Whether surgery has taken place;
- Whether settlement is achieved though the statutory workers compensation system or as part of a common law claim;
- The rate of workers compensation weekly payments (the amount paid each week);
- Whether the injured person is able or unable to work in their pre-injury work or in other jobs for which they are suited by way of education training and experience.
Why does workers comp take so long to settle?
A workers compensation knee injury will not result in a workers comp knee injury settlement straight away and the injured person will ordinarily have to reach medical stabilisation (a position where medical treatment is unlikely to make much of a difference to their presentation) before really knowing the correct amount for settlement of their knee injury at work.
For a minor knee injury, it make take 12 – 18 months to get to the stabilisation point. Once the stabilisation point is reached, you can then go through the steps to properly assess your further treatment options, losses and costs, which will have direct impact on your workers compensation settlement amount.
For example, if your knee injury requires a knee surgery, your workers comp knee surgery settlement will be factored into your overall settlement payout. As a result, this will often lead to you receiving higher amount of compensation payout. However, in most of the cases, your doctor won’t recommend surgery until you reach stabilisation point. If you had settled the claim before the stabilisation point, it’s likely that you may be missing out on the component associated with workers comp knee surgery settlement.
Permanent impairment payout amounts
When an injured worker is reviewed by a WorkCover WA approved medical specialist (AMS), the injured worker is usually provided with a whole person impairment percentage (WPI percentage) as well as a lower extremity impairment percentage (LEI percentage). The LEI percentage can be multiplied by $165,180.00 as a percentage to give a settlement amount (correct from 1 July 2020 to 30 June 2021).
Please note that this percentage only makes up one component of a settlement, there are other components such as weekly payments of compensation and money for future medical expenses.
The ‘whole person impairment’ of a person with a knee injury can vary quite significantly depending on several factors including:
- Range of movement;
- Whether the knee is weak or gives way;
- Whether the person has crepitus;
- Whether a knee replacement procedure has been undertaken;
- Whether the person has a limp or valgus deformity;
- Whether the cartilage in the knees have been affected.
Total knee replacement workers comp settlement
Total knee replacement operations are probably the most intrusive of work related knee injury operations. The WorkCover WA Guides to the Evaluation of Permanent Impairment (the Guides) indicate that the extent to which a person will be awarded a whole person impairment for a total knee replacement starts at 12% whole person impairment for a good result, and increases for a fair result or a poor result. The Guides say that the points system for total ankle replacements is to be the same as for total hip and total knee replacements with the following impairment ratings:
Good result, 85-100 points:
Lower Extremity Impairment: 30 Whole Person Impairment: 12
Benefit Payable $ 49,554
Fair result, 50-84 points:
Lower Extremity Impairment: 40
Whole Person Impairment: 16
Benefit Payable $66,072
Poor result, < 50 points:
Lower Extremity Impairment: 50
Whole Person Impairment: 20
Benefit Payable $ 82,590
This provides some idea about the contribution to the average workers comp settlement for knee replacement procedures. To get the best workers comp payout for knee surgery procedures injured workers should ensure that they should consult a personal injury lawyer to find out the workers compensation settlement amounts for knee surgery procedures. If you have had a total knee replacement, as with other knee injury it is definitely worth getting a proper whole person impairment assessment before agreeing to a total knee replacement workers comp settlement figure.
For more details about knee injury settlement workers compensation claim payouts contact Foyle Legal for your obligation free claim review. In most cases, we can quickly estimate how much compensation for knee injury at work is worth based on our past experience in similar cases.
Knee Injury from Car Accident
Knee injury from car accident - what should I do?
Don’t ignore your knee pain after a motor vehicle accident. If you have suffered a knee injury from car accident, you should report your knee accident injury to GP and record your injuries as soon as possible to put yourself in the best position to obtain the best knee injury car accident settlement amount. We see many people get their compensation reduced because they fail to report all knee ankle foot pain and other delayed symptoms to a GP.
The process for claiming compensation for knee injury from car accident, is the same as other type of car injury claims. The key in getting better compensation payout is to ensure that you assess all your injuries and future losses as a whole which includes individual injuries such as knee, ankle, neck, back, shoulder, foot, etc.
For see more details advice on what to do after a car accident injury, to make sure you are best positioned for future motor vehicle injury claims.
It is highly recommended that you seek legal advice for your car accident injury claim to ensure you get a fair compensation for all your injuries.
Common causes of knee injury in car accident
In a car accident involving front and back collisions, car accident knee hit dashboard is common and the knee can suffer a range of injuries. Other common knee injuries from car accident incur injuries to the knees of drivers and passengers when vehicles are impacted from the side.
Knee Injuries from Falling
Knee injuries from falling - what to watch out for?
Knee injuries from falling may result in workers comp claim, public liability claims, and other negligence related claims. If you are seeking compensation for knee injuries from falling at a public place, please call the public liability lawyers at Foyle Legal to get your obligation free review. We will be able to help you to determine what is the most effective way to get compensation for your knee injuries.
We have seemed many injured people overlooked the impact of minor injuries. They don’t see a GP, and they don’t report it, thinking it’s not a big deal. The reality is, not many symptom surfaces immediately, and once they do show, it can often cause secondary injuries as the body is trying to compensate for your injury.
Don’t ignore a simple slip and fall injury, the impact on you could vary largely.
- In a minor slip and fall public liability claim, although the average settlement for slip and fall knee injuries may not be significant, it is still important to recover all associated current and potential future costs and losses.
- Nerve damage in knee after fall is not a common situation but when they occur, injury people should consider attending an orthopaedic surgeon to see whether they can improve their situation following the knee injury. Depending the costs of surgery, you may be looking at a significant compensation for medical treatment.
- In general, knee replacement settlement amounts are generally higher as the injured person has undergone an invasive procedure and is likely to require revision operations in the future.
Foyle Legal Provides Legal Services to all of WA
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury & workers compensation lawyers near me in Perth? Foyle Legal provides legal presentation to Workcover claims, workplace injury claims, work accident claims, accident injury claims, and all personal injuries clients all over Perth. It includes but not limited to north of river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.
North of the river – Northern Suburbs
Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep
South of the River – Southern Suburbs
Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop
Perth Inner City
Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth
Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale
Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley
East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo
North Coast & Valleys
Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge
Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra
Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong
Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman
Does Foyle Legal provide legal service to clients in Regional WA?
Yes, we service all of WA, including remote or regional areas of Western Australia.
Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole