Torrance Workplace Knee Injury Attorney

Knee injuries are relatively common in California workplaces. Some knee injuries are acutely traumatic, resulting from falls, vehicle accidents, and other specific incidents. Other workplace knee injuries develop over time, such as soft tissue damage from repetitive stress. If you or a family member is struggling with any type of knee injury from work, it can be incredibly debilitating, and some knee injuries will lead to workers’ compensation claims. Many victims never fully recover from serious knee injuries as even though their initial symptoms and pain may subside, they are often left more susceptible to further knee damage in the future.

Helping Injured Workers Recover From Knee Injuries in Torrance, CA

The workers’ compensation laws of the state dictate almost all employers are responsible for maintaining workers’ compensation insurance. This means almost every worker in the state is covered when they suffer any kind of injury at or from work. When most people think of workplace injuries that qualify for workers’ compensation, they think of acute traumatic injuries. However, the reality is that the majority of knee injuries cited in workers’ compensation claims are related to repetitive stress.

Regardless of the type of knee injury you suffered, if you developed the injury from work in any way, you have the right to file a workers’ compensation claim. A Torrance workplace knee injury attorney is an ideal resource for guidance and support in your recovery efforts. The workers’ compensation claim process may seem simple enough on paper, but in practice, it is often more stressful and challenging than many injured workers expect. Pratt Law Corporation is ready to provide the ongoing support and guidance you need to reach the best possible outcome for the recovery efforts ahead of you after suffering a workplace knee injury.

When to File a Workers’ Compensation Claim in Torrance

The workers’ compensation system of California is an invaluable safety net for anyone injured in their workplace or while performing work-related duties of any kind. Filing for workers’ compensation benefits is similar to the process of filing any other type of insurance claim, but the claimant faces an additional level of complexity when it comes to their employer’s involvement. Since employers pay insurance premiums to maintain their workers’ compensation insurance coverage, repeated claims for benefits from injured workers can increase their rates. Unfortunately, this compels some employers to interfere with their employees’ recoveries.

In the event that your employer refuses to provide you with the materials needed to file your claim for benefits, or if your employer has retaliated against you in any way to your request to file a claim to their insurance carrier, it is vital to consult an attorney you can trust as soon as possible. Workers’ compensation is meant to provide a financial cushion to an injured worker faced with expensive medical bills and inability to work due to their injury, but it also shields employers from civil liability for their injured workers’ damages as long as they uphold their responsibilities to those employees. When they fail or refuse to do so, they face not only civil claims for damages from affected employees but also various legal penalties from the state.

If your employer is agreeable and helps you file your workers’ compensation claim in good faith, you may still face disputes with their insurance carrier. Most insurance companies aim to minimize their financial liabilities as much as possible, and this typically means they will try to reduce claim payouts or deny claims whenever possible using any justifications they can find.

Hiring an experienced Torrance workplace knee injury attorney is the best way to prevent such issues from arising with your case, and your attorney can offer invaluable guidance when it comes to navigating all of your recovery efforts. You should file your claim as soon as possible after you report your injury to your supervisor to have the best chance of securing a favorable claim determination.

Benefits You Could Receive Through Torrance Workers’ Compensation

There are two types of benefits awarded to claimants approved for workers’ compensation in Torrance. First is medical expense coverage, and the victim can usually expect the insurance carrier to cover any and all medical treatment costs they require to heal as fully as possible from their injuries. Second is disability benefits to compensate for their lost income while they are unable to work. These benefits vary based on the amount of income earned by claimants. Typically, a claimant can receive up to two-thirds of their average weekly wage, calculated by assessing how much they earned on average each week during the previous year.

When it comes to your medical expense coverage, you will need to submit to a medical examination from a workers’ compensation physician. They will assign you a disability rating based on the severity of your injury and the level of functional capacity you retain. Knee injuries can vary significantly in severity, and while some will heal with time, rest, and appropriate medical care, others impose long-term or permanent damage to victims. The disability rating you receive will determine the scope of the disability benefits you receive.

Most claimants will qualify for temporary total disability benefits when they cannot work at all until they recover, and these can last for up to two years or 104 weekly payments. If the claimant is able to work, but their injury prevents them from earning as much as they did prior to their injury, they may receive partial disability benefits that make up for the difference in their missing income. In the event you are approved for this type of benefits arrangement, you will need to provide the insurance carrier with regular updates on your medical progress and report the income you are able to earn.

Third-Party Claims and Civil Suits Against Torrance Employers

While workers’ compensation aims to provide financial security to injured workers, it also protects employers from civil liability for their workers’ damages. An injured worker typically cannot file a personal injury suit against their employer for damages suffered at their workplace unless the employer caused the injury somehow or if they do not have appropriate insurance coverage. If you are unsure whether you have grounds to file a civil suit against your employer in response to your knee injury, it is crucial to consult a Torrance workplace knee injury attorney as soon as possible.

It is rare for an injured worker to have grounds to file a civil suit against their employer, and it is more likely for them to have grounds for a third-party personal injury claim instead. If any party outside of your work caused your knee injury, they are liable for any damages that workers’ compensation won’t cover. For example, if you were driving for work and a drunk driver hit your vehicle, causing a knee injury, you could file a claim for workers’ compensation benefits since you were performing your job duties when the injury happened. However, you would also have grounds to file a third-party civil suit against the driver who hit you.

If you are able to file a personal injury claim in addition to your workers’ compensation claim, you could significantly enhance your total recovery. You can typically expect full coverage for your medical expenses but only a portion of your lost income in ongoing disability benefits. A personal injury case allows you to claim the remainder of your lost income. Additionally, you have the right to claim pain and suffering compensation, which is not available through workers’ compensation insurance.

How to Approach a Personal Injury Claim in Torrance

In the event you have grounds for a personal injury case for your workplace injury, your attorney’s guidance will be essential for building the groundwork for your civil suit. If the injury happened because of another party’s negligence, you must be prepared to prove that they owed you a duty of care, failed to uphold that duty of care, and directly caused your claimed damages. If your knee injury was the result of any type of intentional and/or criminal misconduct, the defendant is likely to face criminal charges in addition to the civil damages they owe to you.

While it is technically possible to file a personal injury claim without legal representation, the right attorney can make a tremendous positive impact on the outcome of all the recovery efforts you pursue in response to the injury you suffered. Knee injuries, even seemingly mild ones, can be incredibly disruptive to everyday life, prevent the victim from working, and cause intense pain.

When you choose Pratt Law Corporation to represent you, we will start by thoroughly reviewing the details of the incident and/or working conditions that led to your knee injury. Our firm is committed to providing completely personalized legal representation to every client we represent, and we know how debilitating and frustrating a knee injury can be. Our goal is to maximize the recovery you obtain, whether this requires a workers’ compensation claim, a personal injury suit, or both.

Workers’ Compensation Lawyer FAQs

Q: How Much Can I Receive in Workers’ Compensation Benefits?

A: If your knee injury claim is approved, you will likely have all of your medical expenses paid by your employer’s insurance company. While there are limits to the types of treatments an insurance company will cover, most claimants have minimal trouble securing the repayment of all their immediate and future medical expenses resulting from their work injury. When it comes to ongoing disability benefits, the average claimant can receive up to two-thirds of their average weekly wages for up to 104 weeks, but this can be extended under certain circumstances.

Q: How Long Will It Take to Receive My Workers’ Compensation Benefits?

A: When you have an experienced Torrance workplace knee injury attorney handling your recovery efforts on your behalf, you can typically expect to resolve the claim and start receiving your benefits in two to three weeks. However, if you must file a personal injury claim against the party responsible for your damage, this will take longer to resolve. Your attorney can provide an estimate of the timetable your recovery efforts are most likely to follow.

Q: What Happens If I Caused My Own Knee Injury at Work?

A: If you are responsible for your own injury, this does not immediately disqualify you from seeking workers’ compensation benefits. Some knee injuries and other workplace injuries occur due to honest mistakes or basic negligence, and insurance carriers typically will not deny these claims on these grounds. However, if you willfully violated a workplace safety policy, caused your own injury due to working while intoxicated, or egregiously violated any workplace safety policy, you will likely be disqualified from workers’ compensation benefits.

Q: How Much Does It Cost to Hire a Torrance Workplace Knee Injury Attorney?

A: When you are already contending with expensive medical bills and economic instability from missed time at work, the thought of paying for legal counsel can seem outside the realm of possibility in your situation. However, Pratt Law Corporation offers contingency fee billing, meaning there is no financial risk to you by hiring our team to represent you. You only part with a percentage of your case award instead of paying upfront and/or ongoing legal fees, and you pay nothing if we cannot secure compensation on your behalf.

Q: Is It Worth Hiring a Torrance Workplace Knee Injury Attorney?

A: Your legal team can make a tremendous difference in the quality of the final compensation you obtain for your knee injury. Many people initially undervalue their claims, assuming that hiring legal representation would cost more than they could secure in compensation if they win their cases. However, the right attorney can help their client obtain a greater case award than they initially expected, even after accounting for their fee.

Pratt Law Corporation has helped many injured workers throughout the Torrance area with their workers’ compensation claims, including those pertaining to knee injuries. Our firm has the experience and resources you need on your side to maximize the results you reach in all of your recovery efforts, and we will address any concerns as they arise throughout your claim proceedings. Contact our team today to learn more about the legal services we offer and find out how we can enhance your recovery.