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New Here: TKR 6 months - Printable Version

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New Here: TKR 6 months - Jenny_boise - 01-21-2019

Background: I am in Idaho. I am a teacher and fell while at work in Dec 2017. I injured my right knee which incurred a surgery in March 2018 for several tears in the miniscus. At that time they also shaved the knee bones due to fragments, etc. Unfortunately, the surgery did not work and my knee ended up worse. Lots of technical medical stuff but even the IME Workers Comp agreed a TKR was needed as soon as possible. TKR was done in September 2018. I was off work for 7 weeks and then returned to work with restrictions. I’ve been doing PT 3x a week since surgery.

Questions:

1. Workers comp has treated me fairly (albeit slow) thus far. But do you think I should get an attorney to make sure future needs and settlement are advocated for?

2. Since I’ve never been through this before, does the prior surgery factor into any type of compensation in the end?

3. What do I need to know since I know nothing!!!

Thank you!
-Jenny


RE: New Here: TKR 6 months - 1171 - 01-22-2019

Benefits & processes are mandated by specific laws.
Only incidentally; additional disability payments will be based on the extent of any permanent residule impairment as determined by physician rating.
The best question.....


RE: New Here: TKR 6 months - 1171 - 01-22-2019

Benefits & processes are mandated by specific laws.
since your case is accepted and benefits are being provided(the main reasons for litigation), there is not much subjectivity in determining additional benefits.
the comp court has to approve any finalization.
there are downsides to legal representation.
litigation often leads to lengthy delays. employers may not be willing to bring back a worker who is "suing" them.
the legal system incentivizes lump sum settlements rather then an award with open future benefits.
neither type of surgery nor the type/extent of treatment factor in to impairment payments.
additional disability payments will be based on the extent of any permanent residule impairment as determined by physician rating.
and The best question.....
review all the available information on how workers compensation works in Idaho:
https://iic.idaho.gov/find-a-publication/
vocational rehabilitation is also included in Idaho comp benefits:
https://iic.idaho.gov/rehabilitation-services/information-for-injured-workers/

come back if you have more questions...


RE: New Here: TKR 6 months - 1171 - 01-22-2019

below is edited response as inpost editing is not operational at this time..