Work Related Knee Injuries
These are extremely common. More particularly so for people who work on their feet for most of the day. This could include construction workers, plumbers, electricians, and nurses. But, this can also include office workers, teachers, and secretaries. Simply put, just about anyone can sustain a work related knee injury and how they affect an individual employee's ability to perform his or her job varies on a case by case scenario.
For example, an construction worker or an electrician who is on his or her feet all day, will likely be rendered totally disabled from working as a result of the injury. Whereas a secretary who sits at a desk most of the day, may be able to get by with certain accommodations.
Visit our Benefits pages to learn more about the types of benefits due under the MA Worker Comp Law:
In these situations, how a particular employer or workers compensation insurance company responds following a work related knee injury often plays an important part in how the employee's case plays out. Unfortunately, there is no way to determine how a particular employer may react. Some employers are cooperative and make things much easier for the injured worker. Others can make things extremely difficult by leaning on the employee and forcing him or her to return to work prematurely with threats of termination. Often times, this results in an employee, understandably fearful of losing their job, to return to work too soon. Then, when unable to perform his or her job, the employer goes and terminates the employee. This can make filing a claim for disability benefits all the more difficult, with the employer claiming that the worker is only filing for disability benefits because they were terminated.
Not all cases play out in this manner. In fact, as mentioned above, some employers are highly cooperative. However, as this previous example demonstrates, some employers do not. This is why is is of vital importance to consult with an experienced workers compensation lawyer from the very beginning following the work injury. An experienced Massachusetts comp attorney can help guide you through these difficult times.
Types of Treatments
Work related knee injuries vary in many ways. A simple strain may result in very little, if any, treatment. More serious injuries such as a torn meniscus may result in extensive treatment, up to and including surgery and even total knee replacements. Situations like this may also result in a more prolonged period of disability for the injured worker.
Whenever an employee sustains an injury at work, one of the first things an insurance company tries to do is put the blame on a preexisting condition. M.G.L. Chapter 152, Section 1(7A)
specifically addresses how a work injury, when combined with a preexisting condition, can still result in a compensable injury under the MA Comp Law. In such situations, the work injury need only be what is known as "a major but not necessarily predominant cause" of the Employee's disability and/or need for treatment. So long as this standard is met, the work injury still entitles the injured worker to benefits under the Massachusetts Workers Comp Act.
What To Do Following A Work Related Knee Injury
First, see your doctor. Second, call an an experienced Massachusetts Workers Comp Law as soon as possible.
Why? Because as illustrated above, Employers and Insurance Companies go to work immediately to defend against claims. You need someone to help guide you through this difficult time.
Troupe Law Office
At Troupe Law Office, we've been representing injured workers and their families for close to 50 years. We are experienced workers comp attorneys located on the North Shore of Boston in Peabody. We serve all of Massachusetts and represent clients in all branches of the DIA, including: Boston, Lawrence, Fall River, Worcester, and Springfield.
Call us for a free consultation of your case.