Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Dec 2013
    Posts
    6

    Default What is a Typical Settlement for Total Knee Reconstruction

    My workers compensation claim was made in the State of: North Carolina.
    On 10/1/2012 I was injured on the job when my load(solid oak doors) fell on me knocking me out of the trailer.
    My injuries include A fractured Tibia,Torn ACL-MCL-PCL-LCL,MENISCUS ALL CARTLEDGE and TENDONS(total blow out and fracture)
    As I landed my right foot planted and my body kept twisting. Instantly I felt and heard the bone break and all my ligaments blow apart.
    I have had two surgeons so far after being turned down by 5 other doctors due to the severity of my injury. I have had two surgeries since then,
    Which the first surgeon (CBJ) on 10/12/2012(11 days after injury) just tryd to put my knee back together good enough ,pins,screws and removal of some cartiledge just to get me through to the next surgery which I had on 5/12/2013 by a new Surgeon (OC).
    After my first surgery was completed and PT was started My Workers Comp switched me to a different surgeon.(reason why ,read further)
    The 2nd surgery in May 2013 was to repair damage from the injury plus what the first doctor did not complete. Also repaired was 6 unfilled holes the first surgeon didnt refill or document in his report to workers comp.
    During this 2nd surgery(bone graft) bone was removed from my hip to replace the bone holes that were drilled n not filled.
    Also my Meniscus was removed and all ligament attachment points in my knee.Total clean out.
    All tendons were either severed and or removed.
    All cartiledge was removed.
    I now walk with a cane a custom brace and every step is bone on bone.I also have sever nerve damage from my hip to my ankle which is always numb and has no feeling..May or may not return doctor says.
    I'm due and have been approved for a 3rd surgery scheduled for January of 2014 to do a total right knee reconstruction.
    After this surgery and some intense PT my doctor says I should walk a lot more normal and may possibly return to work at some point.
    I did retain a Lawyer the day before my 1st surgery and couldnt be more pleased.
    Question 1- How long after my 3rd surgery and PT does it take for my doctor to determine my perm rating?
    Question 2- What is the average settlement/compinsation for this type of sever knee injury?
    My weekly benefits from WC are $413.81,I have been recieving a check of this ammount since 7 days past the injury.
    Plus rumor has it my company is going to ask for a voluntary resignation upon being released by the doctor in the future.
    Ive asked my Lawyer these questions but he never gives me an answer I can understand, he says I will be ok and smiles. I like him and trust his professional wit. But if you can crunch these numbers for me to give me some idea as to what type of $$$ Im looking at it would be greatly appreciated.

  2. #2
    Join Date
    Jul 2013
    Posts
    20

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    There is no one who can give you a $$$$$$$$$$ amount need to get a MMI rating and future medical ,I recommend you leave your medical open....

  3. #3
    Join Date
    Dec 2013
    Posts
    6

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    Thanks I understand that no one can give me an exact amount without an MMI rating, Im basically seeking past stories from others with same type of injury who have already settled with their comp. I planned on keeping life time medical open at my lawyers advice. And does this reduce the amount of the settlement?

    - - - Updated - - -

    Im just curious to the amounts recently settled in NC with close or same injury. Averages.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    If you are concerned about how much your PPD rating is going to be then you almost certainly do not understand your options under NC Workers' Comp.

    Ask your own lawyer to explain to you your "election of remedies" choices. The key for you is this--will you be able to return to work after you are healed, and if so, in what capacity? The answer to that question is what will determine your settlement amount. Ask your own lawyer to explain that to you. It is his or her ethical obligation to do so. The date of your accident also has some bearing on the amount of your settlement, as you were hurt after the 2011 reforms changed the duration of benefits under both GS 97-30 (partial disability) and 97-29 (total disability). And you may need to get a Form 18M put in place, so ask your lawyer about that as well.

    - - - Updated - - -

    Did you ever get the TTD check for the first 7 days you were out of work? After you have been out for 21 days, they have to go back and pay you for the first 7 days too.
    Last edited by complwyr; 12-28-2013 at 02:01 PM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Dec 2013
    Posts
    6

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    THANK YOU SO MUCH ! Very good info and yes my lawyer has already informed me of the 18m form back in October 2013. Im actually jumping the gun on these questions i know. But thanks for the answers.

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    Check your PM too for an article I sent you. Good luck. BB
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    Dec 2013
    Posts
    6

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    I read the whole thing THANK YOU the info was useful!.

    - - - Updated - - -

    I just had my 3rd surgery on 1/22/14. The doctor said that I quote,"I have done all that can be done surgically to repair your knee".
    I start rehab on 2/14/2014,Whats the next step/process after rehab?

  8. #8
    Join Date
    Feb 2012
    Posts
    349

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    Kneebow here,

    Hi TruckDriverNC

    It really depends on how well rehab is able to rehabilitate you. If you are not able to be rehabilitated and you have reached a plateau then you will become MMIed. At which point your TTD stops. Depending on your permanent restrictions is whats going to determine what will happen next. Rules for your state may be different from where I come from but until you are finished with your rehab you won't know the next step to take.

  9. #9
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    In NC, TTD does NOT stop at MMI. TTD will stop if you are released to return to work full duty, but hitting MMI in and of itself is irrelevant to TTD here.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  10. #10
    Join Date
    Feb 2012
    Posts
    349

    Default Re: North Carolina Workers Comp Average Settlement for Total Knee Reconstruction

    Kneebow here,

    Thanks complwyr.

Similar Threads

  1. Replies: 1
    Last Post: 10-18-2013, 01:14 PM
  2. Total Knee Replacement
    By kathy in forum Medical Issues
    Replies: 28
    Last Post: 04-15-2013, 04:31 PM
  3. Typical Settlement Amounts
    By tim in forum California
    Replies: 14
    Last Post: 07-26-2008, 05:18 AM
  4. Typical $$$ Settlement Amount
    By injured in forum California
    Replies: 37
    Last Post: 11-30-2006, 05:21 PM
  5. Settlement For A Total Knee Replacement
    By kyotdawg in forum California
    Replies: 5
    Last Post: 04-26-2006, 07:45 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer