Proving a Knee Injury Merits Workers’ Compensation

Workers' Compensation for knee injuries.

Have you suffered a knee injury as a result of activities at work? A knee injury can arise due to a one-time accident or develop slowly over time. No matter how you were injured, however, you might be eligible for compensation.

Most Knee Injuries Could Qualify for Compensation – if the Facts are Right

If an injury was acquired at work and it limits your ability to perform your job, it most likely qualifies for compensation. If you experience no limitation or losses as a result of the injury, then compensation opportunities are limited.

In general, it’s easy for most professionals to secure compensation for workplace slip and fall injuries or other accidents where the source of the injury is well understood. You do not need to prove someone “caused” an accident in order to qualify for workers compensation.

However, many people run into some difficulty with their claim if an injury developed over time.

Our knees rely on connective tissue to function, and this tissue can erode over time thanks to a wide range of repetitive stressors. In these situations, proving that your injury is connected to your work – a necessary part of a successful compensation claim – can be challenging.

What to Do if Your Workers' Compensation Claim Facts are in Doubt

No matter the circumstances of your injury, your employer is not allowed to do anything to hinder your claim. You should document the facts behind your injury and submit the information to your employer, who will forward it to their insurance company.

If your initial claim is denied, you may need to take additional steps:

Get a Second Opinion on a Denied Claim

Immediately after an accident, you should see a doctor as soon as possible. It might be necessary to speak to more than one doctor in order to get an opinion stating that your injury is likely to have been caused by work. You should plan to see at least two doctors.

Prepare Your Workers' Compensation Claim Appeal 

When workers compensation claims are denied, you generally have the right to appeal. You should be prepared to document, in writing, how your injury limits your ability to work. If it involves repetitive stress, explain how workplace activities factored in.

Talk to a Workers' Compensation Lawyer

The most important thing you can do to ensure your claim is successful is to speak to a legal expert in workers compensation in San Diego. An attorney can help you ensure you’ve done everything possible to succeed in your claim and obtain the maximum compensation possible.

Gerald Brody & Associates offer expert workers' compensation help

A compensation claim is essential to protecting your interests and well-being after an accident. To get help, sign up for a free consultation from Gerald Brody & Associates, the trusted name in workplace accident representation. Give us a call at (619) 528-9800.