A torn ACL can keep you out of work for weeks or months of recovery. Even in a sedentary/desk job, you might have to miss pretty substantial work because of the pain and surgeries needed.
Workers’ Comp can often cover ACL injuries, but only if they were work-related. This typically means they happened in an accident during your work tasks or because of dangerous conditions in your workplace.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for your free case assessment.
Do Torn ACL Injuries Qualify You for Workers’ Compensation in Pennsylvania?
Often, yes – but only if they meet these two requirements:
Must Be Work-Related
Workers’ Comp only covers work-related injuries. An injury is work-related if it occurs within the course and scope of your work. For example, if your knee gives out while you are lifting something heavy in a warehouse job, it would likely be covered.
If you suffer an injury because of dangerous conditions in the workplace, that can also be covered. For example, a slippery floor in the bathroom could cause you to slip and suffer an ACL tear in the fall, even if your work tasks do not usually involve much physical activity.
Must Be Disabling
If the ACL tear keeps you from working for at least 7 days, then you should qualify for wage-loss benefits, too. For basically any physically demanding job, this is probably going to be met because of the time it takes to get a surgical consult and the surgery recovery time.
In some cases, you may be able to work through the injury if your job is not physically demanding. Even so, if you need surgery, this could still take you out of work for the 7 days needed for benefits.
What Benefits Does Workers’ Comp Cover for an ACL Tear?
Workers’ Comp pays these three areas of benefits discussed below. An ACL tear can typically lead to medical benefits and wage-loss benefits, but specific loss benefits are unlikely.
Medical Benefits
All medical care needed to treat the injury should be covered if it was work-related. You may need to use approved doctors, but only for the first 90 days of care.
Wage-Loss Benefits
If you miss 7 days of work, then you can get 2/3 of your pre-injury wage for every day missed. If you can work partially with reduced wages, you get 2/3 of the difference in wages instead. These benefits also have caps and floors.
If you miss at least 21 days of work, you get paid for the first 7 days, too.
Specific Loss
Specific loss benefits pay for things like permanent amputation and total lost function. An ACL tear is usually repairable, so it would not qualify. Even if there is some residual lost function, it is not total lost function, so it does not get specific loss benefits.
Other Damages You Can Get for a Torn ACL
If your injury happened in such a way that you can sue an outside third party for damages, our Reading, PA Workers’ Comp lawyers may be able to get you additional damages:
Other Economic Damages
Other costs associated with the accident, such as property damage, can also be covered. This can also pay for incidental costs like hospital transportation and childcare back home during treatment.
Pain and Suffering
Injuries hurt and cause other suffering, like emotional distress or lost abilities. These damages are lumped under the term “pain and suffering,” but they are not paid through Workers’ Comp.
Lawsuit Required
These damages can be recovered in a lawsuit, but it is important to note two important things about a lawsuit for a work injury:
- You cannot sue your employer; you have to sue an outside third party (e.g., a driver who crashed into you or the manufacturer of defective safety gear).
- You must prove fault to win a lawsuit. Workers’ Comp is no-fault, so this is not necessary in a Work Comp claim.
Is ACL Surgery Covered Under Workers’ Comp?
If the injury was work-related, all care needs should be paid for. This includes things like ACL surgery.
However, you typically need to use a doctor your employer chose if the care happens in the first 90 days. You may usually get a second opinion with a doctor of your choice, but you have to have their doctor do the surgery.
If the care comes after the first 90 days, you can choose the provider.
Is Physical Therapy for an ACL Tear Covered Under Workers’ Comp?
Yes. Physical therapy is often required for ACL tears, whether surgery is necessary or not. This should be covered for as long as you need it.
Can You Get Workers’ Comp for MCL or Meniscus Tears?
MCL tears, meniscus tears, and other common knee injuries should be covered if they happened in the course of your work, just like an ACL tear would be. Whatever your diagnosis, our Bucks County, PA Workers’ comp lawyers can help you seek compensation for your work injury.
How Long Do You Have to Be Out of Work Before Workers’ Comp Kicks In?
You can get wage-loss benefits for any missed work after the first 7 days. If you miss 21 days, you also get paid for the first 7 days.
Any day where you make less than your normal wage counts, so you can still get partial payments for reduced work.
How Long Does Workers’ Comp Last?
Total disability benefits last as long as you are considered “totally disabled” by the injury. This means that your “whole-body impairment rating” is 35% or higher. Your employer can have your status checked every 6 months after the first 104 weeks of benefits.
If your injury heals up and goes below that 35% rating, you can only get 500 more weeks of benefits. They do not have to be consecutive.
Can You Do Partial Work While on Workers’ Comp?
Yes. Many workers are able to return to work before they are fully healed. Your doctor will tell you if you need accommodations or light-duty work when you return to work.
What if You Can Work with Accommodations for Your ACL Injury?
If you need accommodations for your work, your employer should provide them. If that would be impossible, they may be able to give you a different position or even fire you because they cannot provide work.
If you need to temporarily or permanently take a different job that pays less to get the necessary accommodations, that should be accounted for in your wage-loss benefits.
Call Our Pennsylvania Workers’ Comp Attorneys
Call (267) 651-7945 for your free case review with the Philadelphia, PA Workers’ Comp lawyers at Cardamone Law.
