Visitor Question

Should I get a settlement for a permanent knee injury?

Submitted By: KB (Texas)

I was working at a supermarket when I suffered a knee injury. I was checking out my customer and the bagger was moving slow, so I turned and pushed some cat litter down the belt, and at that moment my knee popped. I let my supervisor know but I only had a couple of hours left at work so I finished.

I drove home and that night I had to go to the ER because the pain just became unbearable. The doctor said I tore my meniscus and had to have surgery. My job paid for everything and I’m currently in therapy. Now I have to wear a permanent brace because my knee isn’t stable and will never be at 100% again.

I am just wondering if I am entitled to a settlement for the permanent injury or have they already paid me what I am owed? Do I have to file a lawsuit to get further compensation, or do I just have to make a request? Any information you can give would be appreciated. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear KB,

Once you have reached Maximum Medical Improvement (MMI), your physician will determine if you have a permanent impairment. If so, you will be assigned an impairment rating (IR) The IR will determine the amount of benefits you will receive. In the State of Texas, three (3) weeks of income benefits will be paid for each percentage of impairment.

You are not permitted to file a lawsuit. Instead, if workers’ compensation does not pay you the benefits you believe you’re deserved, you may set the matter for a hearing. If that is the case, you would be best served by seeking the advice and counsel of an attorney with experience in workers’ comp claims.

For more information about workers’ comp benefits in the State of Texas go to the: Texas Department of Insurance website

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 12, 2015

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