What is the Value of An Ankle Injury Under Workers Compensation?

 

An Ankle Injury Can End Your Career. Make Sure You Maximize the Value of Your Workers Comp Ankle Injury Settlement.

 

On-the-job ankle injuries are common, but that doesn’t make them any less devastating. These injuries, which often result from trip and fall accidents, slip and fall accidents, heavy machinery accidents, or work-related car accidents, can make it difficult to return to work.

 

This is especially true if your job requires you to stand, walk, lift, squat, drive, or run. And it may even apply if you have a sedentary job. Ankle injuries can result in life-long swelling that makes it difficult to sit for long periods.

 

To make things worse, a mild ankle injury may result in aggravation, acceleration, or flaring up of ankle arthritis, also called osteoarthritis. There is no cure for ankle arthritis.

 

An ankle injury can also affect your gait – the way you walk – permanently. In turn this can cause a knee injury, hip injury, or spinal cord or back injury due to irritation or worsening of a herniated disc because of a change in your body mechanics.

 

That’s why it is so important that you protect your legal rights and file a workers comp claim within the statute of limitations.

 

This article discusses:

 

  • The anatomy of the ankle joint;

 

  • Common causes of work-related ankle injuries;

 

  • Common types of workers comp ankle injuries;

 

  • Imaging tests used to diagnose the type of ankle injury;

 

  • Nonsurgical and surgical treatment used to treat ankle injuries;

 

  • Common job duties affected by ankle injuries;

 

  • Workmans comp benefits available for ankle injuries; and,

 

  • Factors affecting the value of your ankle injury settlement

 

Keep reading to learn more.

 

If you have a question about workers compensation, or are looking for a top-ranked Virginia workers comp lawyer, call me for a free consultation: 804-251-1620 or 757-810-5614. I’ve helped injured employees across the state win their claims based on an ankle injuries and negotiate top-dollar workers comp ankle injury settlements. And I can do the same for you.

 

What is the Ankle Joint?

 

The ankle joint is a hinge type joint located in the leg. Three bones make up the ankle joint:

 

  • Tibia: This is the shin bone.

 

  • Fibula: This bone runs parallel to the tibia. It is the smaller of the two leg bones.

 

  • Talus: This bone sits between the calcaneus (heel bone) and the tibia and fibula.

 

If you have suffered an ankle injury, your doctor may have used several other terms to describe the injury. These include:

 

  • Lateral malleous: This is the end of the fibula.

 

  • Medial malleolus: This is the inside part of the tibia.

 

  • Posterior malleolus: This is the back part of the tibia.

 

The tibia and fibula are connected by ligaments. There are two main sets of ligaments: (1) the medial ligament, which is attached to the medial malleolus and (2) the lateral ligament, which starts at the lateral malleolus. Each set of ankle ligaments consists of additional ligaments that help make the ankle joint stable.

 

The tibia and fibula form a bracket shaped socket, with the body of the talus fitting into the socket.

 

Common Causes of Work-Related Ankle Injuries

 

Common causes of ankle injuries resulting in workers comp claims include:

 

 

 

  • Tripping and falling

 

  • Rolling your ankle while walking, running, stepping up or down, or turning

 

  • Twisting or rotating your ankle while performing your regular job duties

 

  • Inadequate shoes

 

  • Uneven ground

 

  • Defective sidewalks or stairs

 

Common Workers Compensation Ankle Injuries

 

Workers compensation benefits are available if you prove you suffered an injury to your ankle arising out of and in the course of your employment. This is a fancy way of saying you’re entitled to benefits if you hurt your ankle while performing a work-related task that you were authorized to do.

 

I’ve represented employees who have suffered the following types of ankle injuries:

 

Ankle Fractures (Broken Ankle)

 

The terms “ankle fracture” and “broken ankle” mean the same thing. If you’ve suffered an ankle fracture on the job, one or more of the bones that make up the ankle joint are broken.

 

Doctors classify ankle fractures based on the area of bone that is broken. A break at the end of the fibula is called a lateral malleolus fracture. And if you break both the tibia and fibula, you have suffered a bimalleolar fracture.

 

A fractured ankle involving one bone may not require much treatment. Some clients have been able to continue walking with this type of ankle fracture.

 

But if you fracture several bones, your ankle may move out of place. This means you’ll have to stay off of it and not put any weight on the injured ankle.

 

The more bones you break, the less stable your ankle will be. And the greater the risk you’ll have suffered a ligament injury as well.

 

Syndesmotic Injury

 

Some ankle fractures affect the syndesmosis joint, which is the joint located between the tibia and fibula and held together by ligaments.

 

A syndesmotic injury may affect the ligament or the actual bones. Often it involves both ligaments and bones.

 

Posterior Tibial Tendon Dysfunction

 

Our body has many tendons. These tendons attach muscles to bones.

 

One of the most important tendons is the posterior tibial tendon. This tendon attaches your calf muscle to the bones on the inside of your foot. It holds up your arch and helps you walk.

 

An accident at work, such as a slip and fall, kick to the ankle while trying to control a patient or inmate, or a sudden movement can tear the posterior tibial tendon. This tear can cause inflammation. And if not treated it may lead to instability in the foot and loss of your arch.

 

Symptoms of posterior tibial tendon dysfunction or injury include:

 

  • Limited flexibility of the foot

 

  • A change in the shape of the foot (i.e. acquired flatfoot)

 

  • Pain that increases when you walk, run, or lift

 

  • Pain on the outer part of the ankle because your heel bone has shifted

 

  • Pain on the inner part of the ankle, which is where the tendon is located

 

  • Swelling of the foot or ankle

 

Posterior tibial tendon dysfunction is often treated without surgery. You may, however, have to wear a cast or boot on your foot for a few months. If this doesn’t work, and you go more than six months without improvement, your orthopedic surgeon or podiatrist may recommend surgery.

 

Achilles Tendon Tear (Rupture)

 

Your Achilles tendon, also known as the calcaneal tendon or heel cord, is the thickest tendon in the body. It attaches the heel bone to the plantaris, gastrocnemius (calf), and soleus muscles.

 

You use your Achilles tendon whenever you walk, run, or jump.

 

Though it is the thickest tendon you have, the Achilles tendon is capable of sustaining injury. Achilles rupture usually results from sudden bending of the foot while your calf is engaged, direct trauma, or an event that aggravates a pre-existing condition such as tendonitis.

 

You may hear a snapping sound if you suffer an Achilles tendon tear, followed by sudden pain in your heel and trouble walking.

 

An Achilles tear is a serious injury that may result in months – or even years – of missed time from work. Some of you may never return to your pre-injury job because of an Achilles injury, which makes it even more important that you get every benefits you’re entitled to under workers comp.

 

An Achilles tendon injury also puts you at greater risk of re-rupture.

 

If you suspect an Achilles tear, seek medical help right away. At least one study shows that waiting more than a month to receive treatment reduces the likelihood of a successful outcome. And waiting too long to report your workplace accident or see a doctor may also hurt your workmans comp claim.

 

Sprained Ankle

 

An ankle sprain occurs when you suffer an injury to the ligaments that support your ankle joint.

 

Twisting or turning too fast or awkwardly may result in stretching of the ligaments beyond their limits or tearing.

 

Ankle sprains are broken into three categories:

 

  • Grade 1 ankle sprains are mild

 

  • Grade 2 ankle sprains are moderate and may result in partial tearing of the ligament

 

  • Grade 3 ankle sprains are severe and result in complete tearing of the ligament. Instability is also possible.

 

A minor sprain may cause you to miss several weeks of work. While a major sprain can result in months of missed time from work and permanent disability.

 

A severe sprain may also result in a weak ankle more susceptible to injury in the future.

 

Pilon Fractures

 

A pilon fracture, also known as a Plafond fracture, is a fracture of the bottom of the tibia.

 

Pilon fractures are often catastrophic ankle injuries resulting from falls from heights or motor vehicle accidents.

 

Imaging Tests Used to Diagnose Ankle Injuries

 

Your workers comp doctor may use the following tests to determine the extent of your ankle injury:

 

  • X-ray: This imaging technique is used to determine if your ankle is broken.

 

  • Computed tomography (CT) scan: This imaging test is useful to determine the extent of an ankle fracture.

 

  • Magnetic resonance imaging (MRI) scan: This test provides your doctor with high resolution images of your bones, ligaments, and other soft tissues. Often an MRI is recommended if an X-ray shows no problems but you continue to have pain and other symptoms.

 

Treatment Options for Work-Related Ankle Injuries

 

There are many treatment options – both surgical and nonsurgical – for those of you who suffer ankle injuries on the job.

 

Nonsurgical options include:

 

  • Orthotics or Braces: These devices are used to support the joints and ligaments while you heal and to provide extra support.

 

  • Steroid injections: Your doctor may inject you with cortisone, a powerful anti-inflammatory.

 

  • Physical therapy: Your doctor may prescribe physical therapy to help you strengthen the injured ankle and work on flexibility and range of motion.

 

  • Pain medication: Your doctor may prescribe pain medication, anti-inflammatories, or nerve medication to make you more comfortable after an ankle injury.

 

Surgical options include:

 

  • Ankle arthroscopy: With this procedure your surgeon will use a small camera to look inside your ankle joint and remove bone and cartilage fragments. This surgery is sometimes used to treat severe ankle sprains.

 

  • Ankle fusion: An ankle fusion, also called ankle arthrodesis, is prescribed to reduce pain and improve function for those of you who suffer ankle arthritis related to or worsened by a workplace injury. With this procedure the surgeon fuses the ankle bones into one bone.

 

  • Ankle reconstruction: This procedure is used to repair torn ligaments. It involves a tissue graft from other tendons or ligaments in the foot and ankle.

 

  • Gastrocnemius recession or lengthening of the Achilles Tendon: This procedure lengthens your calf muscle. It is helpful if you have limited ability to move the ankle upward. And is often used to treat flatfoot.

 

  • Open reduction internal fixation (ORIF): This procedure is used to treat ankle fractures. During this procedure your surgeon will reposition the bones and align them properly. The surgeon may then insert screws, rods, or plates into the bones to hold them together.

 

  • Osteotomy: An ankle osteotomy, also called a calcaneal osteotomy, involves breaking the heel bone and shifting bones to try to correct a deformity such as acquired flatfoot.

 

  • Tenosynovectomy: This surgery is sometimes performed on persons with mild posterior tibial tendon injuries that have not caused flatfoot.

 

  • Tendon transfer: This operation involves removing the posterior tibial tendon and replacing it with another tendon found in the foot. This type of procedure may not result in a full recovery and can limit your ability to run or jump.

 

 

Workers Compensation Benefits Available for Ankle Injuries

 

A serious ankle injury may limit your ability to do any activity that requires use of your legs. For example, many of my clients who have suffered ankle injuries have difficulty:

 

  • Walking

 

  • Standing

 

  • Climbing stairs

 

  • Climbing ramps

 

  • Climbing ladders

 

  • Balancing

 

  • Lifting

 

  • Driving

 

And as a result, they have received not only lifetime medical benefits for their ankle injuries but other workmans comp benefits as well.

 

Depending on the extent of your limitations, your pre-injury job duties, and the type of treatment required for your ankle injury, you may be entitled to the following benefits:

 

  • Temporary total disability (TTD). These benefits are payable if you are disabled from all work because of your ankle injury or if you receive work restrictions from your doctor and are unable to find work within those restrictions.

 

  • Temporary partial disability (TPD). If your ankle injury results in limitations that allow you to work, but at a lower pay rate or fewer hours, you may be entitled to these types of benefits. For example, I’ve represented truck drivers who were provided light duty at the shipping terminal following an ankle injury, but at a lower pay rate. And I’ve also represented employees at retail and grocery stores such as Walmart, Amazon, Home Depot, Target, and Kroger, as well as flight attendants and airline employees for carriers such as American Airlines, who were provided light duty at a lower wage for short periods. These clients were eligible for TPD payments through workers comp.

 

  • Permanent partial disability (PPD). These benefits are payable if you suffer an amputation injury or loss of use of your foot or leg because of your ankle injury. Your entitlement to PPD benefits is based on medical loss, not wage loss. So you can receive these benefits even if you miss no time from work for your injury. It’s important that you work with your attorney to obtain a fair permanent impairment rating and that you evaluate whether you should seek PPD for permanent loss to the foot or leg after an ankle injury. Usually permanent impairment of the leg is worth more than the foot; however, you may receive a higher percentage impairment for your foot depending on the type of ankle injury.

 

  • Vocational Rehabilitation. One of the most difficult things for my clients who have suffered catastrophic ankle injuries is coming to the realization that they may never return to their pre-injury employment. Fortunately you can receive job retraining and education at the workers comp insurance carrier’s expense if your restrictions keep you from going back to your normal job.

 

  • Transportation and Mileage Reimbursement. If you suffered a covered ankle injury the employer and its insurance company must either provide transportation, which is useful if you’re unable to drive because of your ankle injury, or reimburse you for mileage to and from doctor appointments.

 

  • Lump Sum Workers Comp Settlement. After you reach maximum medical improvement, you should work with your attorney to negotiate a workers compensation settlement for your ankle injury. There are many factors that go into the value of an ankle injury settlement, but with thorough preparation and aggressive negotiation, you may be able to obtain an amount of money that compensates you fairly for future medical expenses, disability, and wage loss.

 

What Factors Affect the Value of Your Workers Comp Ankle Injury Settlement?

 

Here are some of the factors that drive the settlement value of your ankle fracture or ankle injury case:

 

  • Obesity: If you are overweight it may take longer for your injury to heal, causing complications and more time missed from work.

 

  • Surgery: Cases requiring surgery often settle for more than cases that don’t.

 

  • Swelling: If you have continued ankle swelling then it will be difficult for the employer and its insurance carrier to find a light duty job for you to do. Even a sedentary desk job may be off limits.

 

  • Nerve damage. An ankle injury resulting in nerve damage may require lifelong pain management.

 

  • CRPS: Ankle injuries sometimes result in chronic regional pain syndrome, also known as reflex sympathetic dystrophy. There is no cure for this condition, which is often debilitating.

 

  • Signs of arthritic changes. A compensable injury resulting in worsening arthritis may lead to the need for an ankle fusion or total replacement. This scares insurance carriers.

 

  • Amputation. Some ankle fractures result in amputation injuries.

 

  • Weight-bearing. If you’re never able to return to weight bearing on the injured ankle, your case is worth more money.

 

  • Assistive devices. If you require a cane, walker, or wheelchair, your case has greater value.

 

  • Walking with a limp. If you walk with a limp, future employers may find a reason not to hire you. This increases the value of the wage loss portion of your ankle injury case.

 

These factors play an important role in determining the nature and extent of your injury and whether you will have permanent impairment. The greater your permanent impairment, the greater the likelihood that you will be unable to return to work.

 

An Experienced Attorney to Help You Get Fair Value for Your Work-Related Ankle Injury

 

If you have a personal injury case or workers comp claim involving an ankle injury, you probably have many questions and want to know what to do to protect yourself and your family. I can help.

 

From advising you on the steps to take after a workplace accident to guiding you through every stage that happens after you file a workmans comp claim, including managing litigation and discovery, presenting your case at trial, and negotiating a fair ankle injury settlement, I’m with you every step of the way.

 

I’ll even review the facts of your case to determine whether you have a viable Social Security Disability claim. Those of you who have been out of work a year or more for your ankle injury, or who are expected to be out of work that long, may qualify for SSDI benefits.

 

All you have to do is call: 804-251-1620 or 757-810-5614.

 

I look forward to hearing from you and working with you during this difficult time.

Corey Pollard
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