Can you claim for a knee injury?
How to file a personal injury claim
The rupture or tearing of ligaments or meniscus are the most common injuries suffered by workers in typical work accidents, know how to claim and which are the corresponding compensations.
First of all, it is necessary to point out that both ligaments and menisci are pieces of the gear that form the knee and generally can be broken or torn due to events that occur normally while working due to the demanding and/or very excessive use of the same.
Currently, these are the injuries most frequently suffered by workers in Argentina and for which we receive inquiries in our Law Firm. Therefore, to determine the percentage of disability, as well as the amount of compensation to be paid by the ART to the worker for this type of injury is what we will try to explain in the simplest way possible.
The injury of these ligaments occurs after a sudden change of direction of the knee, an exaggerated deceleration or a contusion. It can occur, for example, when the limb is badly supported after a jump or when braking precipitously during a race.
How much art pays for meniscus surgery 2021
Menisci can be torn or ruptured by a traumatic work-related event or due to overuse. Being delicate pieces of the gear that makes up the knee, they are very prone to tearing, and it is one of the most common workplace accident injuries, so the question of determining the percentage of disability and compensation to be paid to a worker for this type of injury is one of the most common concerns among victims of this type of claim.
With the amount of stress we put our knees under, it should come as no surprise that this is a very common injury in the workplace. Warehouse workers, construction workers, plumbers, carpenters, etc., are all at risk for overuse injuries to the knee, which could lead to a meniscus tear. However, in these cases, the ART (occupational risk insurance companies) tend to try to disclaim liability on the grounds that these are pre-existing conditions, degenerative or inculpable diseases.
Disability due to knee injury
First we must make a digression because within the section of the traffic scale that deals with compensation for temporary injuries we find the controversial Article 135, which deals with compensation for minor spinal injuries, among others, cervical sprain. This type of trauma, if only diagnosed on the basis of the manifestation of the existence of pain by the injured person himself, will be compensated as temporary injuries as long as a series of causality criteria are met:
In this same article it is determined that the sequel derived from a minor cervical trauma will only be compensated if there is a conclusive report that accredits it. Very possibly the interpretation and meaning of this adjective “conclusive” will be a point of conflict between insurers and lawyers of injured parties.
In the new schedule, compensation for temporary injuries is included in Table 3, which contains 3 sections: basic personal injury, particular personal injury and pecuniary injury. Let us see:
Complaint for injuries and threats
The Workers’ Compensation Act governs the type of compensation or indemnity to which a worker who is injured while on the job is entitled. This law governs the vast majority of workers, with the exception of independent contractors. These benefits are calculated according to the type of injury sustained, and the time and/or severity of the injury.
On the following page you can see how the workers’ compensation calculator works and also perform the calculation to get an approximation of the amount you could receive as compensation or indemnity payment.
To make a better calculation of the compensation you can receive, it is recommended that you have the advice of an expert lawyer who can analyze your case and tell you what to do to claim the benefits.
As a worker, you are entitled to receive payment for any type of treatment received as a result of the injury or wound suffered on the job. In many cases your employer is part of a Preferred Provider Program (PPP) that is approved by the Department of Insurance. If you wish to be treated by a doctor who is not part of this program, you must be referred to and approved by someone in the PPP and your employer must be aware of this.