Your knees absorb the force of every step, squat, climb and lift. On the job, that strain adds up fast. Meniscus tears, ACL injuries and knee replacements are among the most common workers' compensation claims in Illinois, and among the most disputed. Here is what injured workers need to know about how knee injuries are covered and valued under the Illinois Workers' Compensation Act.
Which jobs put knees at the most risk?
Any job can lead to a knee injury, but some occupations carry a greater risk. Workers who kneel, squat, climb or carry heavy loads face the most wear and the most sudden trauma. High-risk jobs include:
- Construction workers, carpenters, roofers and flooring installers
- Warehouse, distribution and delivery workers
- Nurses, CNAs and other health care staff who lift and move patients
- Police officers, firefighters and paramedics
- Plumbers, electricians and HVAC technicians who work in tight spaces
- Factory, maintenance and janitorial workers
How do meniscus and ACL tears happen at work?
The meniscus is the rubbery cartilage that cushions the knee joint. It often tears when a worker twists or pivots while the foot is planted, or rises quickly from a deep squat. ACL tears usually follow a sudden stop, a change in direction, a fall or a direct blow to the knee.
Common workplace causes include slipping on a wet floor, stepping off a ladder or truck, falling from scaffolding and twisting while carrying materials. Knee injuries can also build gradually. Years of kneeling, climbing and lifting can wear down cartilage until it fails.
Under Illinois law, an injury is covered if it arises out of and in the course of your employment. That includes both a single accident and repetitive trauma. Report your injury to your employer right away.
What happens if I need surgery or a knee replacement?
Your employer's insurer must pay for reasonable and necessary medical care to treat your work injury. That can include:
- Arthroscopic surgery to repair or trim a torn meniscus
- ACL reconstruction
- Partial or total knee replacement
- Physical therapy, injections and follow-up care
While you are off work or on restrictions your employer cannot accommodate, you may receive temporary total disability (TTD) benefits. TTD is generally two-thirds of your average weekly wage, subject to state minimums and maximums.
Insurers frequently challenge surgery requests, especially knee replacements for workers with prior arthritis. They may send you to an independent medical exam (IME) with a doctor they choose. If your surgery is denied or delayed, an experienced workers' compensation attorney can push back.
How is a permanent knee injury valued in Illinois?
Once you reach maximum medical improvement, you may qualify for permanent partial disability (PPD) benefits. Illinois treats the knee as part of the leg on its schedule of injuries.
For injuries on or after September 1, 2011, the Commission weighs five factors under:
- An AMA impairment rating, if one is submitted
- Your occupation
- Your age at the time of injury
- Your future earning capacity
- Evidence of disability in your treating medical records
No single factor decides the outcome. A knee replacement or a permanent restriction that keeps you out of your old job can significantly increase the value of a claim. In some cases, workers who cannot return to their prior trade may also be entitled to wage differential benefits or vocational rehabilitation.
Talk to a Parente & Norem Workers' Compensation Lawyer
Knee injuries can end careers, and insurers know it. That is why they fight these claims so hard. The workers' compensation team at The Law Offices of Parente & Norem, P.C. have helped injured Illinois workers recover the medical care and benefits they deserve for decades.
Call (312) 641-5926 or contact us here on our website for a free consultation. There is no fee unless we win your case.
