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Average workers’ compensation settlements for knee replacements

On Behalf of | Oct 2, 2024 | Workers' Compensation

Knee injuries frequently lead to workers’ compensation claims. Understanding the average settlement amount for these injuries helps set realistic expectations.

Settlement factors

Several key factors influence the settlement amount for a knee replacement workers’ compensation claim, such as:

  • The severity of the injury
  • The required medical treatment
  • How the injury affects the worker’s ability to return to their job

Costs for surgery, rehabilitation, and whether the worker faces permanent disability also impact the final payout. Under certain conditions, workers may also receive temporary disability payments while recovering from surgery and unable to work. Under California Labor Code Section 4660, settlements consider the worker’s permanent disability rating. 

Average settlement amounts

The average workers’ compensation settlement for a knee replacement typically ranges from $30,000 to $50,000. California Labor Code Section 4658 outlines how the court system calculates permanent disability benefits. This ensures workers receive compensation for long-term impairments. The law allows for two types of settlements. Either the Stipulated Award or a Compromise and Release (C&R) determines how future medical care is addressed.

Insurance company involvement 

The involvement of the insurance company plays a significant role in determining the final settlement. Negotiations between the injured worker, their legal representation, and the insurer can affect the timing and amount of the payout. Insurance companies may seek to minimize costs, but understanding the full scope of the injury ensures a fair outcome.

The settlement process

The workers’ compensation settlement process can vary based on individual circumstances. By understanding the factors that influence compensation, injured workers can better prepare for the process and anticipate possible outcomes.