Visitor Question

Torn meniscus at work… What about future surgery?

Submitted By: Michael (Surprise, AZ)

I injured my left knee at work, and had two tears in my meniscus. The injury occurred on 10/1/16, and the finally surgery to trim out meniscus tears in left knee was on 3/15/17. I missed 4 weeks of work, during which workmans comp paid me weekly percentage of my pay. All went well.

Now I receive a letter stating they will pay me a settlement, stating that under A.R.S. 23 – 1044B, I have 7% loss of lower extremity. If I’m reading this correctly, they will send me a check for the amount they stated, I sign the check, then the claim is settled/closed.

Now with my type of injury and since I’m getting older, the Dr said I will probably need a Total Knee Replacement (TKR) in 10-15 years. If I am still employed by my same employer, would that TKR be workmans comp or not, because I signed off on the original meniscus injury? I work on my feet 8 hrs a day and do some heavy lifting, squatting, bending, etc. Thanks for any info you can give.

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 Michael,

Arizona’s Revised Statutes (ARS)  Section 23-1044 B deals with the type of disability which is eligible for compensation. Under most circumstances, aggravation of a preexisting injury are covered to the extent of the aggravation. The only way to be sure if a future Total Knee Replacement (TKR) will be covered is to request additional workers’ compensation coverage when the need arises.

At that point, if it is deemed the injury has renewed, or is aggravated, then you may have a right to additional compensation for your knee replacement. If you run into trouble with your employer’s workers compensation carrier at that time, you can request a hearing before an Arizona worker’s compensation judge.

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: October 19, 2017

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