In (K)need of Speed

Policing is a dangerous profession. We all know that. But most of us think in terms of truly dire injuries or even fatalities, usually involving firearms. Those are all terrible situations and when we see them on the news, they make us recognize how special the brave men and women who choose this profession truly are.
What most people do not think about is that police officers get hurt in a myriad of different ways. Some of them are rather banal and routine, yet painful nevertheless. In my client D’s case, he was chasing a suspect in the suburbs and felt his knee snap.
Uh oh, an ACL (anterior cruciate ligament) rupture! Unfortunately, these injuries almost always require surgery and a lengthy rehabilitation.
To add insult to injury, the reason D knew that familiar snap and feeling was that he had previously torn the ACL in the same knee years before and had already undergone one surgery.
Typically, the surgery uses a graft from a cadaver to replace the ruptured ACL. As with shoulder surgery, the fact that a graft is utilized and screwed into the bone means there is a long period of time during which the graft fuses with the bone. It also involves limited activity for some time, meaning rehab requires a significant amount of time rebuilding range of motion and strength.
Failure is a Possibility
Up to one-third of patients who undergo an ACL reconstruction surgery will either re-tear their graft or tear the opposite knee. There is a constant concern that they can’t quite trust their knee. Much of this is psychological, but there is also some medical reason for this, since a graft screwed into the bone is never going to exactly replace what nature gave you and because once you strengthen your “bad knee,” often you are weaker, relatively speaking, on the other side. Obviously, the risk of reinjury increases the more active you are.
Needless to say, a police officer is an active person, chasing suspects, tackling them, physically restraining them, often without any warmup. Further, in D’s case, he led an active lifestyle, complete with regular workouts at the gym.
When I received the call from D, I knew he had a solid workers’ compensation case.
Why workers’ compensation? Read below and find out.
Workers' Compensation
Workers' compensation covers people injured while doing their job. If a worker is performing duties within their job description, while on the clock, an injury is almost certainly covered.
In D’s case, he was a police officer chasing a suspect. No question that his injury was covered.
What does this mean for the injured worker? It means the worker should have their medical bills paid by workers’ compensation. It means the worker should receive temporary total disability (TTD) payments from workers’ comp while unable to work according to their doctor.
And finally, when the worker is recovered and returned to work, they may be able to receive a settlement for the “permanency” of their case, based upon several factors, including: age, wage rate, job description, any permanent restrictions, body part injured and treatment, whether the employee returned to work with or without restrictions, and any disability rating. It’s a detailed soup that an experienced workers’ comp lawyer will know all about, and with which few injured workers are familiar. That is why retaining a lawyer early is so important.
In D’s case, once he returned to work, having made a remarkable recovery, I obtained his medical records, reviewed them, and submitted a settlement demand to opposing counsel. Counsel and I discussed this weeks later and we thought we had agreed on an evaluation of the case.
Until opposing counsel found out that what he thought he could easily obtain as authority from the insurance company wasn’t there! Yes, he was told that he was wrong, the case was worth barely half that number, and to get me to accept that low figure.
I discussed this scenario with D and explained that I felt that despite the insurer making counsel look bad, I trusted him and felt that if we were patient, he would eventually get more authority.
So counsel and I checked in every couple of weeks. Sometimes we had substantive conversations, other times we just chatted and kept the lines of communication open.
Then, in December, things finally started rolling and my opponent happily announced he had convinced the fools at the insurer that the value of the case was what he had told them it was in the first place and met my slightly reduced demand.
D was ecstatic. We finally got it done. It just took a very slow and circuitous process. Certainly not quick enough for anyone to injure his or her ACL!
Takeaways
- ACL injuries are painful, almost always require surgery, and the rehabilitation is lengthy
- ACL injuries can be repaired surgically yet reoccur later
- Workers’ compensation covers people injured doing their jobs, like most police officers
Contact Chicago Personal Injury Lawyer Stephen Hoffman
As in all cases involving injury, dog bites or animal attacks, auto accidents, medical malpractice, or other injury and potential liability, if you have been injured at work, immediately get medical treatment, report the injury to your employer, and contact a workers’ compensation lawyer with expertise in your type of case.
If you've been in an accident and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 30 years of legal experience and has collected millions of dollars for his clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. He is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.
Stephen handles personal injury claims on a contingency fee basis, which means you don’t pay anything up front, and he only gets paid if you do. Don’t wait another day; contact Stephen now.