Skip to main content

After a total knee replacement surgery, will I ever be considered fully recovered under the Workers Compensation Act?

Philadelphia, PA |

none

Attorney Answers 4


  1. Best answer

    Sadly, there is probably more than one Independent Medical Examiner who would render such an opinion, however, assuming there are still "residuals" of your work-related knee injury, I would hope that most Workers Compensation Judges would not render such a finding. Even if you are left with "permanent" residuals there are still many other avenues available to the Workers Compensation Carrier to either stop and/or reduce your entitlement to Workers Compensation Benefits such as offer of light duty employment with your pre-injury employer, a Labor Market Survey, and/or subjecting you to and Impairment Rating Evaluation after you have received 104 weeks of temporary total disability.

    If you do not have an Attorney, this time, it is recommended that you immediately contact a Certified Workers Compensation Law Specialist to discuss your case in greater detail so that you can determine your rights and remedies under the Pennsylvania Workers Compensation Act. Please note that most Attorneys will not charge for an initial consultation and will accept your claim on a Contingent Fee Basis.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to rjaffe@phillyworkinjury.com


  2. Anything is possible, but probably not in this context. Sit down a get a free consult to go over the facts of your claim ...


  3. Hopefully you have a good strong knee but in a work comp sense I believe most states would find that you have a permanent impairment That would be the case here in Colorado


  4. It is possible to be found totally recovered after total knee replacement; however, there are strong arguments to support the position that one can never fully recover from such a surgery. It really depends on multiple factors: how well you respond to the surgery, how supportive your doctor is, who your judge is, etc. I strongly recommend that you hire an attorney to protect your rights.