New York City knee injuries lawyers make it easier for victims of serious accidents like you to recover damages after workplace accidents. If you need extensive medical care and are struggling to go back to work, turn to the attorneys who want to prioritize your best interests.
O’Connor Law has advocated for employees suffering from knee injuries and similar losses since the firm’s opening in 2009. Clients can count on our New York City schedule loss of use lawyers to represent them in conversations with insurance providers. Our efforts have helped clients secure thousands throughout their recoveries.
You can book your free knee injury case consultation today to learn more about our available services.
How to Ask for Workers’ Compensation After a Knee Injury
If you want compensation for knee injuries sustained at work, you must inform your employer that you intend to pursue a Workers’ Compensation claim in writing. This crucial notification should be made within 30 days of your accident.
Our New York City Workers’ Compensation lawyers know that a written record is essential to prove your right to Workers’ Compensation and protect your claim from dispute.
The report filed about your accident needs to go into detail about:
- The location of your accident
- The date of your accident
- The time at which your accident occurred
- Details about what led to your injury
- A description going into detail about the severity of your injuries
If you don’t have a conversation with your supervisor and file an applicable report within 30 days of your accident, you may lose your right to Workers’ Compensation. Fortunately, our knee injury attorneys in New York City can help you kickstart this process.
When to Contact a New York City Knee Injury Lawyer
The sooner you can get in touch with an experienced Workers’ Compensation lawyer, the easier it’s going to be to file for accident compensation. The deadlines applied to New York Workers’ Compensation are rigorous, and you cannot miss them if you want to preserve your right to act.
Unfortunately, too many victims have seen their requests for support denied based on a lack of paperwork, “ignored” medical advice, and contradictions between injured employees and their supervisors. Working with our team can help you avoid making minor mistakes that might compromise your long-term financial security.
What Benefits Can You Receive When Filing for Workers’ Compensation After a Knee Injury?
Workers’ Compensation claims specifically allow you to benefit from the following after seven days off from work:
- Up to two-thirds of your average weekly wage, which is calculated based on your earnings from the 52 weeks before your injury, and capped by state limits.
- Direct payment for all authorized medical care related to your knee injury. This means your doctor, who must accept Workers’ Compensation Insurance, will bill the insurer directly so that you won’t be charged for covered services.
The benefits you stand to receive after filing a claim may decrease if you do some work or return to work before your recommended return date. Fortunately, your attorney can fight back if an employer tries to force you to return to work, as you must adhere to your doctor’s work restrictions.
New York City Knee Injuries Lawyer Near Me (914) 595-4502
You Must Work With Medical Professionals After a Serious Knee Injury
If you want to benefit from New York Workers’ Compensation, you must work with medical professionals and take their recommended steps to recover. Waiving your right to medical support or skipping mandatory appointments can see you accidentally compromise your right to reasonable financial support.
Our team can specifically help you fight to recover from accidents that result in injuries like:
- Damage to your knee’s tendons or cartilage
- Knee fractures, strains, and displacements
- Contusions
- Meniscal tears
- Anterior cruciate ligament (ACL) damage
Experienced Knee Injury Lawyers in New York City Stand Up for Your Right to Recover
You don’t have to let an employer or insurance adjuster limit your right to recover. A New York City knee injury attorney can stop these parties from misrepresenting the nature of your injuries. We can counter attempts to minimize your losses with evidence elaborating on how your injury occurred on the job and a professional’s recommendations for your recovery.
An attorney can specifically untangle the complicated logistics that might make filing for Workers’ Compensation on your own impossible. You can discuss what our approach to your upcoming case might look like during a free case consultation with our team today. Don’t wait—get the support you need to recover.
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What You Need to Know About Schedule Loss of Use
If your knee injury results in a permanent loss of use or function in your joint, you may have the right to a Schedule Loss of Use (SLU) award. This is a cash benefit that compensates you for the lasting physical impairment to a specific body part, based on a schedule defined by law.
If you received payments from your employer or the insurance carrier while you were out on Workers’ Compensation, those payments will be deducted from your SLU award.
It is distinct from payments for lost wage benefits. You must follow the following process to qualify for SLU awards.
Maximum Medical Improvement
To begin the process, you must reach your maximum medical improvement (MMI). This occurs when your condition is stable and not expected to improve with further treatment, usually nine to 12 months after the injury or surgery.
C-4.3 Form
Once you reach your MMI, your doctor or the insurance company’s Independent Medical Examiner (IME) submits their findings using the required C-4.3 Form, detailing the percentage of permanent impairment.
EC-81.7 Notice
The Workers’ Compensation Board then issues an EC-81.7 Notice to the opposing party (typically the insurer), who has 75 days to respond by:
- Submitting their own medical opinion,
- Accepting the original opinion,
- Requesting to cross-examine the doctor, or
- Filing a legal memorandum disputing the opinion.
If there’s no resolution within this period, a judge may allow another 75-90 days for depositions or settlement. Attorneys present sworn testimony from doctors, followed by legal briefs and a final decision. The full process can take 12 to 18 months.
SLU assessments in New York are based strictly on the 2018 Impairment Guidelines, focusing on a measurable range of motion loss. Pain, suffering, or strength reduction are not considered.
Contesting and Appealing Your SLU Award
During the process, including leading up to a hearing, your attorney may utilize tools like depositions to gather sworn testimony from medical experts or other relevant parties to support your claim. These are part of building your case, not an alternative to a Board decision.
If the insurer disagrees with your doctor’s assessment, or if the WCLJ’s initial ruling on your SLU is unfavorable, you have the right to appeal to the Workers’ Compensation Board Review Board, and potentially to higher courts. Our attorneys can guide you through every stage of the appeal process.
Our Workers’ Compensation Case Consultations Are Free
You don’t have to let financial concerns prevent you from working with an experienced knee injuries attorney in New York City. The team with O’Connor Law works on a contingency fee basis for your benefit. We don’t ask for deposits or retainers before taking your case, and you won’t get any bills from us while your case is in progress.
Our contingency fee policies allow us to offer our services to everyone in need of legal support.
Don’t let your opportunity to collaborate with an experienced attorney pass you by. You can schedule your free knee injury case consultation today to learn more about the ways you can demand fair Workers’ Compensation after an accident.
