Settlement FAQs

what is a good workers comp settlement for torn meniscus

by Ellen Stroman Published 2 years ago Updated 2 years ago
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Even if the injury happened in part because of a pre-existing knee condition, a torn meniscus can still receive compensation. As a meniscus tear is so easy to diagnose, the filing process for worker’s compensation should be fairly straight-forward. You are entitled to loss of wages and disability benefits for the amount of time you need to heal.

Average Torn Meniscus Settlement Values
Most torn meniscus cases that are not the worst type of tear and can recover on their own can get an average settlement value that is under $10,000.
Feb 27, 2022

Full Answer

How to fix torn meniscus?

  • Knee arthroscopy repair: The surgeon makes small incisions in your knee, and inserts a tiny camera into the knee. ...
  • Arthroscopic partial meniscectomy: The surgeon removes a part of the meniscus in order to restore knee function.
  • Arthroscopic total meniscectomy: The surgeon removes the entire meniscus.

What are my options with a torn meniscus?

Your doctor might recommend:

  • Rest. Avoid activities that aggravate your knee pain, especially any activity that causes you to twist, rotate or pivot your knee. ...
  • Ice. Ice can reduce knee pain and swelling. ...
  • Medication. Over-the-counter pain relievers also can help ease knee pain.

Does a torn meniscus always need surgery?

Meniscus tears don't always need to be surgically repaired. But, many times, we recommend that they get fixed surgically. But, many times, we recommend that they get fixed surgically. The trick with a meniscus tear is that you might have the injury, without the symptoms.

Can a torn meniscus repair on its own?

If your tear is on the outer one-third of the meniscus, it may heal on its own or be repaired surgically. This is because this area has rich blood supply and blood cells can regenerate meniscus tissue — or help it heal after surgical repair. How long does it take for a torn meniscus to heal without surgery?

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What is the impairment rating for torn meniscus?

According to Table 16-3 (Knee Regional Grid) on page 509, Dr. Estaris identified meniscal injury as the diagnosis-based impairment (DBI), class 1 with a default value of two percent for partial medial meniscectomy.

What is the average payout for a knee injury?

Average Workers Comp' Knee Injury SettlementsSeverity of Knee InjuryEstimated Settlement AmountsMild$1,000 – $21,748Moderate to Severe$21,748- $32,622Extremely Severe$32,622 (+)

How long are you out of work with torn meniscus?

How soon you can return to work depends on your job. If you sit at work, you may be able to go back in 1 to 2 weeks. But if you are on your feet at work, it may take 4 to 6 weeks. If you are very physically active in your job, it may take 3 to 6 months.

Can you make a full recovery from a meniscus tear?

It can happen playing sports, exercising or just doing daily activities. Small tears often heal on their own, while others may require arthroscopic surgery. Most people fully recover from a torn meniscus and can get back to doing their favorite activities without knee pain.

How much is a torn meniscus?

The compensation that you can get for a torn meniscus can vary anywhere from as low as $10,000-$15,000 to as high as $115,000-$150,000 on average depending on the treatment needed and the severity of the initial injury.

Is a torn meniscus a permanent injury?

With proper diagnosis, treatment and rehabilitation, people often return to their pre-injury activities. Left unrepaired, a meniscus injury can linger for years, causing pain and limited mobility. An unrepaired meniscus tear increases the risks of further injury and permanent damage to the knee.

What are 3 signs of a meniscus tear in the knee?

SymptomsA popping sensation.Swelling or stiffness.Pain, especially when twisting or rotating your knee.Difficulty straightening your knee fully.Feeling as though your knee is locked in place when you try to move it.Feeling of your knee giving way.

How painful is a torn meniscus?

Pain. A torn meniscus usually produces well-localized pain in the knee. The pain often is worse during twisting or squatting motions. Unless the torn meniscus has locked the knee, many people with a torn meniscus can walk, stand, sit, and sleep without pain.

What is a Grade 3 meniscal tear?

Meniscus tears, indicated by MRI, are classified in three grades. Grades 1 and 2 are not considered serious. They may not even be apparent with an arthroscopic examination. Grade 3 is a true meniscus tear and an arthroscope is close to 100 percent accurate in diagnosing this tear.

How long does a meniscus surgery take?

Q: HOW LONG DOES THE SURGERY TAKE? Approximately 15-45 minutes. Surgery time may vary slightly based on the complexity of your injury and any additional procedures required.

Can you get disability for a knee injury?

Because most knee injuries are short-lived, very few people with knee pain will win an SSDI award. However, for those people with more long-term knee problems, a disability award is possible.

How much does RAF pay for knee injury?

The balance is settled once the RAF pay-out has been received. The final payment will depend on the time the RAF takes to settle the court order, with average total pay-outs around R800 000. For victims who have often been unable to work due to injury and who may have high medical bills, this is life changing.

How much is a broken kneecap worth?

According to a Jury Verdict Research study on knee injuries: The average verdict in a severe knee injury case is $359,149. The median knee injury verdict is $114,299. 8% of knee injury verdicts were over $1,000,000.

How many types of knee injuries are there?

The knee is one of the most common body parts to be injured. Types of common knee injuries include sprains, strains, bursitis, dislocations, fractures, meniscus tears, osteochondritis dissecans, Osgood-Schlatter disease, and overuse injuries.

What to do if you have a torn meniscus?

If you have a torn meniscus injury, you should get both medical help and legal assistance as soon as possible. You can call , email, or message us using the contact form below for a free consultation at anytime.

How much does a meniscus tear cost?

Most torn meniscus cases that are not the worst type of tear and can recover on their own can get an average settlement value that is under $10,000. On the higher end, those injuries that require surgery and have the potential for future surgery, can go as high as $150,000 on average, particularly if there was damage to additional parts of the knee.

What does it mean when your meniscus is torn?

A torn meniscus can mean a lifetime of pain and suffering that goes well beyond just the initial recovery period

Why do we need a meniscus?

The meniscus is needed to stand, walk and to generally use your knee in a healthy manner.

Is a torn meniscus a settlement?

The average settlement for a torn meniscus may be different in your state but it is more likely that it will match national averages. The bigger variable will not be your state, but the extent of your injury and the level of treatment that you end up needing.

How to treat a knee injury?

The most common treatments for smaller injuries are to have bed rest, use ice to calm the knee, take over the counter anti-inflammatory medications. In less serious cases, rehabilitative treatment may also be used in conjunction with these treatments. This helps to strengthen the muscles around the knee to create more support for the knee overall.

What are the factors that affect settlements?

Average settlements therefore can vary a great deal and will be affected by many different variables including your age, your injury level and the treatment that you end up needing.

What is the most common surgical procedure that involves using arthroscopy to remove torn meniscal fragments?

Arthroscopic meniscal debridement - The most common meniscal surgical procedure that involves using arthroscopy to remove torn meniscal fragments.

What causes a meniscus tear in the knee?

Acute meniscus tears. Acute meniscus tears are often caused by sudden blunt force to the knee, as well as intense twisting or knee hyperextension. This commonly occurs in physically strenuous occupations, such as construction and warehousing. Police and first responders may sustain acute meniscus tears when physically engaged in an emergency situation. An acute meniscus tear may be accompanied by a popping or tearing sensation in the knee.

What causes a popping sensation in the knee?

An acute meniscus tear may be accompanied by a popping or tearing sensation in the knee. Degenerative meniscus tears. Degenerative meniscus tears are usually caused by long-term wear and tear of the knees. This is common among people who frequently kneel, squat, walk up and down flights of stairs, or twist.

How many types of meniscus are there?

There are two types of the meniscus:

Can you take time off from work if you have a meniscus tear?

If you sustained a meniscus tear on the job, it's likely that you will need to take time off from work. Workers' compensation in Georgia is a no-fault system designed to provide financial support for injured workers. Getting benefits isn't as easy as it sounds. You must prove that your injury occurred within the scope of your employment. To build a strong workers' compensation claim, you must report your injury to your employer in writing as soon as possible. Let your employer know the time, date and location of the incident or the onset of symptoms.

What is a torn meniscus?

The meniscus is a piece of cartilage located inside the knee that acts as a cushion and shock absorber between two bones that meet at the knee. The two bones are the femur (the thigh bone) and the tibia (lower leg bone).

Suffering a knee injury at work

Torn meniscus injuries happen for many of the same reasons that other knee injuries occur on the job. Often, such injuries occur due to a single, violent event, such as stopping suddenly or pivoting your knee too quickly. Lifting a heavy object can also cause you to tear your meniscus or injure your knee in other ways.

Is your torn meniscus covered?

The rules are clear in New Jersey. If you sustained your torn meniscus injury on the job, you should be entitled to receive workers’ compensation benefits. This is especially true if your injury is severe enough that you cannot perform your job because you are in extreme pain.

A workers' comp attorney can guide you through the process

Workers’ compensation claims involving torn meniscus injuries can quickly become complex legal cases. Often, it’s because your employer’s insurance company insists that your injury occurred outside of work or that your knee injury is a pre-existing medical condition. You know the truth. You got hurt on the job.

What are Meniscus Tears?

The term meniscus tear is used to describe a tear in the cartilage in the knee joint. The meniscus is a disc that cushions the knee joint and is responsible for the balance of the knee and apportioning the weight put on it. Damage to either meniscus disc on either knee is excessively painful and often results in temporary loss of use of your leg, meaning you probably won’t be able to work until it is fully healed.

How long does it take for a meniscus tear to heal?

If you do suffer a meniscus tear, typically there are three degrees of injury – minor, moderate, or severe. Minor injuries can heal up in two to three weeks, but even then you will likely still need worker’s compensation for your medical bills and lost wages.

What is the most common knee injury?

The Meniscus Tear – A Worker’s Most Common Knee Injury. Posted May 10, 2017 by Harvey & Carpenter. Knee injuries are incredibly common for workers. It can happen from something as dramatic as falling hard on your knee to the simple act of climbing stairs. However, once you experience the pain of a knee injury, it isn’t something you can just walk ...

Where does a meniscus tear occur?

As the most common knee injury, you would be right to suspect that a meniscus tear occurs in a commonly used area of the knee. The term meniscus tear is used to describe a tear in the cartilage in the knee joint.

Can you get compensation for a torn meniscus?

Even if the injury happened in part because of a pre-existing knee condition, a torn meniscus can still receive compensation.

Can you get compensation for a meniscus tear?

Depending on the extent of the injury, workers may need permanent disability and may even need to change jobs to something less strenuous on the knee. Regardless on if the meniscus tear was severe or minor, if it happened at work, you are entitled to compensation.

How to fight a workers comp claim?

The first option is to proceed to a hearing and fight it out in administrative court. The second is to negotiate your claim with your workers’ compensation insurer.

What is a settlement for surgery?

In a settlement, you can demand partial payment for expenses that may or may not arise. If your doctor says there is a 30% chance you’ll need further surgery, for example, you can negotiate to pocket 30% of the cost of surgery now, and keep the money even if surgery is never necessary.

What is the pain of a knee tear?

Symptoms of a tear include a popping sensation, pain, stiffness, locking up, swelling, and limited mobility.

What to do if you have trouble documenting your workers compensation claim?

If you are having trouble documenting your workers’ compensation claim, then you may want to consider consulting with an attorney to help navigate you through the process. The lawyers of Mehta and McConnell have experience dealing with these types of claims, and we are here to help.

How much does knee replacement surgery cost?

Knee replacement surgery will set you back $30,000 to $50,000 on average, and it sometimes costs much more than this. A partial knee replacement might cost marginally less.

What are the ligaments in the knee?

Ligaments are connective tissues that control the movement of your knees. The most commonly injured of these are the anterior cruciate ligament (ACL), the medial collateral ligament (MCL), and the posterior cruciate ligament (PCL).

How much does it cost to repair an ACL?

Most ligament injuries require surgery to correct, and surgery is not cheap. In the U.S., ACL repair surgery costs around $20,000 to $50,000. This price does not even consider lost wages.

How much does a patella repair raise the value of a claim?

Surgery to repair a broken patella (kneecap) can easily raise the economic value of a claim above $50,000 when disability benefits are added to the mix.

How long does a knee injury last?

Whether we suffer a slip and fall accident in the office kitchen or an industrial accident in a warehouse, a knee injury can put us out of commission for weeks or months. It may even lead to a lasting disability that keeps us from working.

Why is the patella vulnerable to injury?

Often, when people trip and fall they fracture their patella when landing on their knees.

How much does knee replacement surgery cost?

Surgery: $30,000 (note: a total knee replacement surgery would likely increase this amount to $50,000)

Why are knees important?

Your knees are critical for maintaining your mobility and independence. Knee injuries can lead to decreased mobility and in some cases the complete inability to walk. A variety of conditions in the workplace can lead to knee injuries.

Can you get a permanent disability from a work related injury?

Your work-related knee injury may have left you with a degree of permanent damage to your knee. In workers’ comp terms, you are left with a permanent partial disability.

Can you walk with an ACL injury?

If you suffer an ACL injury as a result of a workplace accident, chances are that you will not be able to walk properly. You may not even be able to put weight on the affected leg.

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