North Carolina Workers’ Compensation for Knee Injuries

Key Takeaways

• Work-related knee injuries in NC may include ACL/MCL tears, meniscus injuries, fractures, bursitis, and even knee replacement surgery.
• Workers’ compensation is no-fault—you only need to show your knee injury happened while performing job duties.
• Eligible workers can receive full medical coverage, including surgery, physical therapy, prescriptions, and future care.
• Wage benefits typically pay two-thirds of your average weekly wage, with additional benefits for permanent knee impairments.
• Insurers often dispute claims, downplay disability ratings, or deny costly treatments—legal guidance is critical.
• Kornbluth Ginsberg’s experienced NC workers’ comp attorneys help protect your rights and pursue maximum benefits.

Workplace accidents can result in several types of knee injuries, including sprains and strains, meniscus tears, anterior cruciate ligament (ACL) and medial collateral ligament (MCL) injuries, patella fractures, bursitis, and patellar tendinitis.

Workplace knee injuries can severely limit an individual’s mobility and result in chronic pain that impacts their everyday life and ability to perform their job duties.

If you sustained a knee injury at work, Kornbluth Ginsberg Law Group, P.A., wants to help you pursue the benefits you deserve under the law. Our workers’ compensation lawyers have over 100 years of combined legal experience and have secured millions of dollars in verdicts and settlements for our clients in Durham, Sanford, and throughout North Carolina.

Call us 24/7 at 919-980-9895 or contact our law firm online today for a free consultation about your case and learn more about your rights as an injured worker. We have an office conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We are ready to help you understand your legal options.

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Are You Eligible for Workers’ Compensation in North Carolina for a Knee Injury?

Eligibility for workers’ compensation knee injuries requires that the injury be caused by an “accident”. Examples of accidents may include injuries arising from a wide range of incidents, including slips, trips and falls, missteps, twists, strikes to the body, and overexertion.

Since workers’ compensation is a no-fault system, you only have to show that your accidental injury is related to your job, not who is at fault for it. That means the incident that caused their injury must have happened while they were performing their job duties (in the course and scope of their employment).

While most knee injuries happen on company property, injuries from motor vehicle collisions while performing a job duty, injuries while running an errand for the employer or even off-site injuries (slip/trip/fall while at a meeting) could result in payment of benefits as well. There are other exceptions to off-site injuries and it is best to consult an experienced workers’ comp lawyer to explore your rights and possible remedies.

Additionally, workers’ compensation insurance only covers employees, not independent contractors. If you are an independent contractor, you can seek compensation for a work-related knee injury by filing a personal injury lawsuit against the at-fault party.

However, some so-called independent contractors are actually employees who are entitled to workers’ compensation benefits. The law looks at the actual employment relationship, not the label, when determining eligibility for workers’ compensation.

Are Knee Injuries and Knee Replacements Covered by Workers’ Comp?

Knee injuries are covered by workers’ comp as long as they meet the criteria discussed above, regardless of their severity. Whether you have a less severe knee injury, like a strain from slipping and falling, and require time off work and physical therapy, or a severe knee injury, like a meniscus tear or patella fracture, that requires surgery or replacement, you can receive compensation.

Compensation for a knee injury at work includes coverage for all reasonable and necessary medical expenses. So, if your treating doctor determines that a knee replacement or other knee surgery is needed due to your workplace injury, workers’ compensation insurance should pay for it. However, workers’ compensation insurance companies frequently dispute the necessity of expensive procedures. That makes it all the more critical to get help from our attorneys to fight for the coverage you need and deserve.

Reasonable and necessary medical expenses can also include things like emergency treatment, physical therapy, prescription pain medications, and follow-up appointments with an authorized doctor.

How Workers’ Compensation Benefits Are Calculated for Knee Injuries

Determining your potential workplace knee injury settlement amount involves calculating your medical expenses and lost wages.

Workers’ compensation pays for all medically necessary treatments related to your workplace knee injury. If your injury involves long-term treatment, as may be the case if you require surgery, it is essential to include the value of your future medical needs.

Wage loss benefits cover two-thirds of your pre-injury average weekly wage for up to 500 weeks with limited exceptions that could extend benefits beyond that time frame. If you are still able to work in a reduced capacity during your recovery, temporary partial disability benefits cover up to two-thirds of the difference between your pre- and post-injury wages for the same period as referenced above

Permanent disability benefits may be available if your condition has reached maximum medical improvement (MMI) and the doctor assigns a disability rating to your injured knee. In North Carolina a 100% rating to your knee would be worth 200 weeks of compensation at your “Average Weekly Wage”(2/3 of your average gross earnings during the 52 weeks prior to the injury). If the Doctor were to assign a 10% rating, you would be entitled to 20 weeks of compensation. BE CAREFUL though. Many times insurance adjusters will offer payment of the rating when your case has significantly more value. ALWAYS speak with an experienced workers’ compensation attorney before you sign any settlement documents to make sure that you are being protected and compensated appropriately.

Working with an experienced knee injury lawyer from Kornbluth Ginsberg is crucial for maximizing the compensation you receive through a workers’ compensation claim. Insurers typically try to pay as little as possible, but our lawyers can protect your rights by helping you appeal an undervalued claim or a denied knee injury claim to the North Carolina Industrial Commission.

Common Challenges in Workers’ Compensation Claims for Knee Injuries

Employees who sustain knee injuries on the job may face several challenges when seeking the benefits they need. Common challenges include claim disputes, delayed treatment, and claim denials.

One of the most common issues injured workers encounter is an insurance company or employer claiming the knee injury is not work-related. Such claims can arise when an injury develops over time, such as if your knee injury results from overexertion. In some cases, the insurer might claim the knee injury was actually a pre-existing injury. However, even if you had a previous knee injury, you could still be entitled to compensation if a later workplace accident made it worse.

Injured workers may be left without necessary treatment for an extended period if the insurer disputes the reasonableness or necessity of it. That is not only painful but can cause the injury to worsen over time, requiring additional treatment. The workplace injury attorneys at Kornbluth Ginsberg help injured workers fight for the necessary treatments they need including obtaining second opinions with doctors who are not exclusively picked by the insurance company

Insurance providers sometimes deny claims or delay paying benefits, hoping that the worker will give up on receiving the benefits they are entitled to. If the insurer uses any such bad-faith tactics against you, our lawyers can stand up for your rights and appeal their decisions.

Tips for Maximizing Your Workers’ Compensation Settlement for Knee Injuries

To maximize your workers’ compensation settlement following a knee injury, it is critical to take these steps:

• Report your injury to your employer or supervisor immediately or within 30 days of the incident or when you first became aware that your injury was work-related.
• Document your injury over time by photographing visible symptoms, such as bruising, and keeping notes about your recovery.
• Explain to every doctor that you see that your injury is work related. It is essential to create a solid medical history that details you were hurt at work and the circumstances behind the injury (slip, trip, fall., etc).
• Make sure to follow up with your medical treatment and adhere to all of your doctor’s orders, including your work restrictions.
• Consult an experienced workers’ compensation lawyer at Kornbluth Ginsberg about your case and let us handle your claim for you, so you can focus on recovering from your injury.

If you have further questions about North Carolina workers’ compensation, our FAQs provide clear answers to some of the most common concerns injured workers face.

Get Help from Our NC Workplace Knee Injury Attorneys Today

Did you sustain a work-related knee injury in North Carolina? The workers’ compensation attorneys at Kornbluth Ginsberg want to help you seek the benefits you need for your knee injury.

Our lawyers have over 100 years of combined experience helping work injury victims and their families recover fair compensation. We are always available to answer questions about your case and are committed to treating our clients the way we would want to be treated in their situation.

Call us anytime at 919-980-9895 or contact our firm online today for a free consultation with one of our workplace injury attorneys. During your initial consultation, we will review the incident that caused your injury, explain the workers’ compensation claims process, and outline the types of workers’ compensation benefits you could receive.