Permanent disability from knee replacement

Asked about 4 years ago - Elk Grove, CA

I have been a commercial garbage truck driver for 21 yrs, my left knee and left shoulder have finally given out, had knee replacement 4 months ago, I still have severe pain, unable to bend very well, this is all from repeatative use over 21 years, my doctor agrees that I will not be able to do this type of work anylonger since I have to get in and out of a commercial truck 100 + times a day and pull and push dumpsters up to 150 per day, what are my chancer of early retirement due to diability since I am 53 years old

Attorney answers (5)

  1. Joseph Gerald Hirsch

    Contributor Level 8

    Answered . The question you posted does not have a simple answer due to the complexity of the Workers' Compensation system in California. Under California law you are entitled to: Medical Treatment, Temporary Disability Benefits, Compensation for you Permanent Disability, Vocational Rehabilitation(if qualified) and reimbursements for mileage and other out of pocket expenses. If you are a union member you may also be entitled to other benefits by virtue of your union membership. Every case in unique and it is impossible to properly advise you without further information.

    I strongly recommend you seek out an attorney to assist you with this matter.

  2. Michael Douglas Goforth

    Contributor Level 13

    Answered . All will depend on the final doctor reports after you have reached Maximal Medical Improvement.
    If you have not already done so, the first order of business is to file Application for Adjudication with the Workers' Compensation appeals Board. Please call me for additional information if you require assistance.

  3. Brett A. Borah

    Contributor Level 20

    Answered . In addition to workers' compensation benefits, you should also be considering social security disability.

  4. David J. McCormick

    Contributor Level 20

    Answered . You need to see an expereinced local worker's comp. attorney before you go any further. In addition to any disability pension there may be other avenues you can explore within the worker's comp. system that could provide you with additional benefits given the nature of your injury.

  5. Michael J. Helfand

    Contributor Level 16

    Answered . Have you filed a claim for workers' compensation? If not, I think it should be your next step. While you are not required to have an attorney represent you in a work injury claim, it's definitely recommended. An experienced workers' comp attorney will understand the system and know how to ensure that you get the benefits (medical bills, lost wages, etc.) that you're entitled to. I'm licensed in Illinois, but I can recommend someone in your area if you'd like a referral. You should be able to get a free initial consultation, which is a great way to get your questions answered. Feel free to call. 1-800-807-9530. Good luck.

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