Torn Meniscus Settlement Value in Workers Compensation
How to Maximize the Settlement Amount You Get for a Work-Related Meniscus Tear
Meniscus tears are common injuries, both in the workplace and outside of it.
Because there are many potential causes, employers and insurers often fight workers compensation claims for meniscus tears, doing everything to minimize settlement value. But you can fight back – and win.
This article explains how to prove that you suffered a work-related meniscus tear, breaking down the disease process and the facts you must develop to present your case. I hope you use this information to negotiate a fair torn meniscus settlement under workers comp.
Please feel free to call us for a consultation after reading this article. Our injury law firm has obtained many knee injury settlements for injured workers. We can use this experience, skill, and knowledge to help you recover from your meniscus injury.
What is the Meniscus?
The meniscus is crescent-shaped cartilage found in the knee.
You have four menisci total, two in each knee.
And each knee has a medial meniscus (inner) and lateral meniscus (outer). Medial meniscus tears are more common than lateral meniscus tears.
Though small, the menisci are essential for a healthy knee and for performing work and daily activities. Indeed, the menisci help with shock absorption and stabilize the knee joint – much like a cushion. This help with stability is even more critical if you have damaged ligaments.
Types of Meniscus Tears
There are different kinds of meniscal tears. And within each type, different degrees (or severity) of tears. The tear’s location and seriousness impact the recommended treatment, the likelihood of permanent restrictions, and how long it may take to reach maximum medical improvement (MMI).
Common meniscus tears include:
- Bucket handle tear – A bucket handle tear is a full-thickness tear of the meniscus where the meniscus remains attached at the front and the back. Bucket handle tears occur more often in the medial meniscus than the lateral one.
- Meniscal root tear – This injury is radial tearing of the meniscal root from the tibial plateau.
- Degenerative tear (due to osteoarthritis)
- Horizontal tear (refers to the tear’s location)
- Longitudinal tear (also refers to the location)
- Radial tear (also refers to the location)
Your meniscus injury’s seriousness usually depends on its location and how much of the meniscus you tore (as a percentage).
Causes of Meniscal Tears (Mechanism of Injury)
Many movements can result in a torn meniscus. Indeed, it does not take significant trauma to cause the injury.
Forceful rotation or twisting of the knee frequently causes meniscal tears. For example, a sudden stop and turn can cause meniscal shearing between the femoral and tibial bones when the weight-bearing foot remains stable while the rest of your body turns.
Motor vehicle crashes where the knee hits the dashboard may cause a torn meniscus, as can slip and falls.
Further, going from a kneeling position or deep squat to a standing position may damage the meniscus, particularly when lifting a heavy item. Indeed, I have represented many truck drivers and auto mechanics who sustained torn menisci when standing after kneeling to fix the vehicle and nurses who suffered a meniscus tear when getting up from helping a patient.
Torn Meniscus Signs and Symptoms
There are several common complaints from meniscus injuries, including:
- A popping sensation (sound or feel) when the initial injury happens.
- Pain – often immediate but sometimes taking 24 hours or more to start after the accident.
- Swelling (edema)
- Stiffness
- Increased pain when twisting the knee
- Locking up
- Clicking inside the knee
- Tenderness to touch
- Difficulty straightening (extending) the knee
- Trouble squatting, kneeling, or climbing stairs
Diagnosis
The orthopedic surgeon will perform a physical examination. During this examination, the doctor will examine the knee’s range of motion and determine if any areas are painful to touch. In addition, the doctor may evaluate knee stability in all planes, comparing it to the non-injured knee.
Your physician will likely conduct a McMurray test (also called the McMurray circumduction test) to detect internal tears in the knee. With this procedure, the knee is flexed and rotated to see what position causes pain. Your body’s response helps the doctor identify where the meniscal tear has occurred.
In addition to a physical examination, your doctor will also use diagnostic imaging tests to determine the nature and extent of the injury.
Usually, you will undergo a knee x-ray (plain radiograph films) first. An X-ray cannot show actual meniscus tearing. However, it can determine if you have suffered a knee fracture or have evidence of joint space narrowing or calcification indicative of joint degeneration.
Follow-up testing often includes magnetic resonance imaging (MRI). An MRI can show the location and degree of the meniscus tear, though you may need an exploratory arthroscopy to confirm the torn meniscus. Indeed, arthroscopy is the best method to diagnose damage to knee cartilage, ligaments, and tendons.
The doctor will then decide whether to perform arthroscopic knee surgery to repair (or remove) the torn meniscus or examine the joint’s structure, considering the physical exam, testing results, and your ongoing symptoms.
Treatment
Treatment of meniscus tears ranges from conservative care to surgical procedures.
The initial treatment includes nonoperative management consisting of rest, elevation, ice, medication, and reduced activities. Your doctor may also prescribe physical therapy to improve your leg’s range of motion and strengthen the muscles around the knee. Further, you may receive a prescription for a cane, crutch, wheelchair, or walking boot to reduce weight bearing on the injured leg.
The doctor might also give medical work restrictions limiting you to light duty during this period.
If conservative care fails and you have swelling, catching, or locking of the knee, the orthopedic surgeon may recommend arthroscopic surgery. Indeed, a meniscal tear is the most common knee injury requiring surgery.
Arthroscopic surgery is outpatient, meaning you do not have to stay in the hospital overnight.
During this procedure, the surgeon inserts a small instrument (an arthroscope) into the knee through several small punctures. The scope has a lens and light, which allows it to send images from inside the knee to the surgeon in real time. Then, the surgeon uses these images to determine the severity and location of the tear and then treat it through repair or resection (removal).
More minor, stable meniscus tears (less than 5 mm of displacement) and partial-thickness tears often do not require surgery. However, you will likely need arthroscopic surgery if the tear is more significant, peripheral, or degenerative from arthritis.
What is the Difference between a Meniscal Repair and a Meniscectomy?
Your doctor has multiple surgical options to treat the meniscus injury.
Each type of meniscus surgery has advantages and disadvantages.
For example, the recovery time for a meniscal repair is longer than for a meniscectomy. However, the repair procedure has a better long-term prognosis for preventing you from developing osteoarthritis or having other complications.
Arthroscopic Meniscal Repair
First, the surgeon might perform a meniscal repair. With this procedure, the surgeon uses sutures (stitches) to patch the torn meniscus together.
The doctor may select a repair if there is an adequate blood supply to the tear’s location (vascularity) and no degenerative changes within the meniscus. A meniscal repair is typically possible if the tear is less than 4 cm.
Arthroscopic Meniscectomy
However, if an insufficient blood supply to the meniscus tear’s location decreases the chance of success, or if you have underlying osteoarthritis, the surgeon will perform an arthroscopic meniscectomy. This procedure involves the removal of some (partial) or all (total) of the meniscus.
Generally, the doctor will try to conserve as much meniscal tissue as possible while alleviating your symptoms or preventing a recurrent tear. The more cartilage removed, the greater the likelihood of complications.
Meniscus Transplant
Third, the surgeon may recommend a meniscus transplant (replacement) surgery. Officially, doctors call this procedure meniscal allograft transplantation (MAT). Allograft tissue from a cadaver (deceased donor) replaces the meniscus removed from your body.
What Happens if You Leave a Torn Meniscus Untreated?
If you leave it untreated, a torn meniscus may result in more damage to the knee.
For example, an untreated meniscus injury can increase in size, cause an earlier onset of osteoarthritis, and slip into the joint, causing damage to other structures.
Further, these complications may result in disability from work (and lost wages). And the delay in treatment provides additional defenses to the insurance carrier.
Complications
We recommend considering potential complications when determining how much your work-related meniscus tear is worth.
These complications may include:
- Development of osteoarthritis or posttraumatic arthritis: Meniscus injuries are more likely to result in degenerative joint disease.
- Peripheral nerve damage in the initial incident or due to the meniscus surgery
- Injury to the other knee due to overuse: For example, a torn meniscus in your right leg may cause you to put more body weight on the left leg. Over time, this reliance may cause problems with the left leg. Under workers comp law, you can receive compensation for this type of injury as a compensable consequence of the initial meniscus tear.
- There is an increased risk of re-injury or a recurrent tear if you return to a similar job, mainly if that involves kneeling or squatting. The risk for additional injury is greatest in the first 4 to 8 weeks after surgery.
- The development of back pain if the meniscus tear alters your gait and posture. As with overuse injuries to the opposite leg, you can receive compensation for back injuries and spinal cord conditions that are consequences of the meniscus tear.
- You may fall if the leg locks up, injuring your hand, shoulder, or head (concussion) in the fall.
- Complex Regional Pain Syndrome/Reflex Sympathetic Dystrophy (CRPS/RSD) may develop if the meniscus tear is left untreated for a lengthy period or does not heal correctly.
Further, ask the doctor to evaluate the other structures in your knee, such as the ligaments. Meniscus and ACL tears often go hand in hand and arise from the same work accident.
The Prognosis (Recovery Time and Outlook)
Post-surgery rehabilitation for meniscal injuries includes rest, medication, and physical therapy to regain strength. Healthcare providers rarely prescribe crutches or other assistive devices because using them can cause muscle atrophy (wasting).
How quickly you return to work depends on the size and location of the tear, the need for surgery, and your pre-injury employment. Further, the employer’s ability to accommodate your restrictions is critical to recovery and claim value.
The recovery time for a meniscus tear requiring surgery is three to twelve months if there are no complications. However, some modifications or restrictions are proper during this time. And some of you may have a permanent impairment and medical work restrictions due to residual problems.
Further, various studies indicate that patients with an acute (sudden) injury resulting in a torn meniscus have a better success rate with surgery than patients with degenerative meniscal tears resulting from a work injury exacerbating pre-existing osteoarthritis.
What is the Average Settlement Value of a Torn Meniscus under Workers Comp?
The average settlement value for a torn meniscus in workers compensation claims is around $15,000 to $90,000. While some meniscus tears heal entirely within one year, others result in lifelong pain and complications.
The primary factors impacting settlement value in these meniscus tear claims are:
- How much you earn before the injury
- The tear’s severity
- Whether you need arthroscopic surgery to repair or remove the meniscus (the cost of arthroscopic knee surgery ranges from $7,500 to $25,000)
- Whether the meniscus injury aggravated, flared, or worsened pre-existing osteoarthritis. This increases the possibility of needing a knee replacement (total or partial).
- Any complications you have post-surgery
- The workers compensation impairment rating (determines the amount of permanent partial disability benefits (PPD) you get): For example, in Virginia, you can get up to 175 weeks of benefits for loss of use of the leg due to a torn meniscus or other condition.
- Your age
- The physical requirements of your pre-injury job
- Whether the employer can accommodate medical work restrictions: On average, injured employees receive $15,000 to $20,000 in wage loss benefits for knee injuries (excluding medical costs).
- When you settle the claim: Generally, the settlement offer for the meniscus tear will decrease after surgery if the insurer already paid for the procedure.
Eight Tips to Increase Your Torn Meniscus Settlement
You can do several things to increase your torn meniscus settlement offer.
First, get medical treatment immediately, using your private health insurance if needed. Many workers comp claims turn on the medical evidence, and waiting for treatment may result in a worse outcome. Further, you can address potential insurance subrogation issues when settling the claim.
Second, tell your employer about the work accident as soon as possible. Please give timely notice to avoid forfeiture of benefits.
Third, take photographs of visible injuries to the knee and the accident scene.
Fourth, never accept the insurer’s first offer to settle your claim. It has more to offer and expects you to negotiate.
Fifth, if the insurer does not agree to offer an Award Letter, serve discovery requests (interrogatories, request for production, deposition notices, requests for admissions, etc.). This pressures the insurer to act and lets the claim adjuster know you are serious about pursuing the case.
Sixth, ask your doctor to complete a report addressing causation and disability under the workers comp laws in your state. This is why selecting a claimant-friendly doctor from the panel of physicians is so important.
Seventh, look for work within your restrictions if your doctor releases you to light duty, but your employer will not offer appropriate work. And keep track of what jobs you reviewed and copies of applications. The Workers Compensation Commission expects you to conduct a good-faith job search to get wage loss payments.
Eighth, get legal help. If necessary, an experienced knee injury lawyer can prepare your case for the workers comp hearing. Use their experience and knowledge to get the best settlement possible while you focus on your recovery.
Get Help Increasing Your Torn Meniscus Settlement Value
Did you sustain a torn meniscus injury in a workplace accident or car crash? Then we can help you get the medical treatment and compensation you deserve. And determine if you qualify for Social Security Disability benefits for arthritis and other complications from the meniscus tear, given your age, education, and work experience.
You can call or message us anytime. We are ready to get to work for you.
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