Arthroscopic knee surgery settlements afford you with compensation for suffering an injury because of someone else’s conduct. If the injury occurred while you were on the job, then you may have a claim for workers’ compensation. If someone else’s actions made suffer a knee injury requiring surgery, then you may have a personal injury claim. You may be eligible to receive workers’ compensation benefits, such as temporary partial disability. If you’re pursuing a valid personal injury claim, however, you may receive economic, non-economic, and, in rare cases, punitive damages.
Arthroscopic surgery is often used to treat knee problems that were incurred as a result of injury or disease. During arthroscopic knee surgery, an orthopedic surgeon makes small incisions around the knee and inserts a small camera into the knee joint to get a better view of the inner workings of the knee. The surgeon then inserts small surgical instruments throughout other incisions around the knee, which the surgeon uses to repair or remove damaged tissue.
Although recovery from arthroscopic knee surgery is much faster than the recovery process from traditional open knee surgery, a patient may still require a significant recovery time. During this time, he or she may not be able to work.
Arthroscopic Knee Surgery Settlements and Workers’ Compensation Benefits
If you have undergone arthroscopic knee surgery as a result of a workplace accident or personal injury accident, you may be able to recover workers’ compensation benefits and other compensation. Depending on the injuries and recovery involved with a workplace accident, the Illinois Workers’ Compensation Act requires employers to provide injured employees with the following workers’ compensation benefits, such as:
- Medical expenses, including doctor visits, follow-up visits, physical therapy, and prescription medications.
- Temporary total disability (TTD) benefits equal to two-thirds of your average gross weekly wage, up to a weekly maximum payment amount, if you are unable to work while recovering. Eligibility for TTD benefits begins as soon as you are unable to work because of a work-related injury or illness and continue for the duration of the disability.
- Permanent total disability (PTD) or permanent partial disability (PPD) benefits, which are often paid as lump-sum payments. The amount of PTD payments you may receive are based on a percentage of your pre-injury wage, up to a weekly maximum payment amount, and payments may continue for life. The amount of PTD payments you may receive are based on a percentage of your pre-injury wage, up to a weekly maximum payment amount, for up to 500 weeks.
- In some cases, vocational rehabilitation benefits such on-the-job training, schooling, or job placement assistance.
To maximize your claim for benefits, hire a workers’ compensation attorney lawyer.
Pursuing a Personal Injury Claim for Your Arthroscopic Knee Surgery?
In most cases, you can’t directly sue your employer for an injury occurring on the job. That said, you may have a personal injury claim against the at-fault party if you had arthroscopic knee surgery because of an off-the-clock injury. For example, you can sue your orthopedic surgeon for medical malpractice if they were negligent when performing the surgery.
You calculate personal injury damages by considering many factors, including the specific legal claim, the circumstances of accident, the victim’s injuries, and the laws of the jurisdiction involved. Personal injury damages may include economic, non-economic, and, seldom, punitive damages.
Economic damages compensate you for easily quantifiable losses, such as medical expenses and lost wages. Non-economic damages provide relief for the invisible, yet sometimes profound, costs of the injury. These include compensation for pain and suffering and emotional distress.
Punitive damages are generally only appropriate where the at-fault party acted intentionally, egregiously, or recklessly. The intent of punitive damages is to punish the wrongdoer and deter future wrongdoers.
If you have undergone arthroscopic knee surgery as a result of a workplace accident or other personal injury accident, contact one of our Chicago accident and injury lawyers at (312) 600-0000 to learn more about how we can help you obtain maximum compensation.
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Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.