Few people experience the misfortune of a workplace injury. And that’s a good thing. None of us wants to get injured, and certainly not seriously enough to require surgery.

I recently settled my client’s case that involved not one, but two, separate knee surgeries, and also a reinjury to one of the knees after he had recovered from surgery. Find out more about what happened to him, and how I was able to garner fair compensation for his injuries.

Left, Right, Left, Right…

My client is a long-time flight attendant for one of the major airlines. He loves his job and had not been injured before. Until one day when turbulence caused him to injure both his knees at the same time.

Clearly, this was covered under workers’ compensation, as is any injury that “arises out of” and “in the course of” one’s employment. As I’ve written previously, workers’ compensation covers time off work with a doctor’s orders, payment of all related medical bills, and compensation (settlement) for any permanency.

First, I had to wait for him to undergo a surgery on his left knee, then on his right knee, and the attendant rehabilitation on both. Then, right when he thought he was back to work and feeling fine, a similar incident occurred that caused him to twist his right knee. Fortunately, this did not require surgery, but therapy was able to return him to where he had been previously.

All told, the entire process of healing took nearly a year and a half.

What is Covered; What Isn’t

If you get hurt in a car crash or a slip and fall, just about everything in your life is affected. And one of the things lawyers like me do is ensure that everyone injured this way is able to recover compensation for everything that happened to them. Not just payment for medical bills. Not just lost wages. Not just pain and suffering. Not just the loss of a normal life. All of that.

Workers’ compensation doesn’t work that way.

In workers’ compensation, you are compensated for your injuries to the extent that those injuries affect your ability to perform your job. Assuming you return to your job without any restrictions, you still receive compensation.

But what about your ability to play with your kids, play pick up basketball, or kneel at church?

Not covered. Not contemplated. Not part of workers’ compensation.

My client, A, is in his forties and active, but, despite rehabbing diligently, he had problems with both knees whenever he performed normal household or leisure activities. Nevertheless, his doctor had cleared him to return to work without any restrictions. While he is able to perform his job responsibilities, he experiences a bit of pain, swelling, and discomfort at times.

However, remember that the only thing I could obtain compensation for in a workers’ compensation context was the impact the injury had on his work life, not on the other parts of his life. So, yes, it is entirely possible to be “fine” to work, but “not fine” to live your normal life.

One of my recent blog posts was about a worker who injured his finger at work. While the finger healed enough for him to return to work, it has not returned to its previous dexterity to allow him to engage at his previous level in one of his favorite hobbies, playing guitar professionally.

There was a similar outcome with my flight attendant client. Unfortunately, the best I could do was to get him compensation for his knee injuries, surgeries, and reinjury of the one knee. Knowing he had returned to work without restrictions, I did the best I could to obtain the most money for him while understanding that his daily activities would not be considered.

Resolution

After much negotiation, I obtained a settlement offer for all injuries.

It was a very good offer. But it was not enough money to satisfy my client.

As I always do, I went through the analysis of how a workers’ compensation case is valued, what factors are considered, and worked with my client to determine what he really wanted to walk away with in his pocket.

And the number he gave me was considerably higher than what was on the table. I told him I did not think I could achieve a settlement that high.

But I tried. I kept talking to the adjuster. Multiple times. Sometimes, I’d just listen to her life challenges with her aging parents. Often, we talked about our dogs or kids. And then, we’d discuss the case value. Finally, we started moving the numbers.

She’d budge, then I’d budge. Back and forth we went for several weeks.

Unbelievably, the final offer actually exceeded my client’s target. Once I presented this to him, he agreed to settle his case.

Not every case can exceed a client’s expectations, especially when workers’ compensation is involved. Loss of ability to engage in non-work activities is a real problem, but in this case, my client got some satisfaction.

I love exceeding my client’s expectations!

Takeaways

Contact Chicago Personal Injury Lawyer Stephen Hoffman

If you have been injured, whether by an auto accident, bike or pedestrian crash, dog bite, work accident, or medical malpractice, seek medical attention immediately. Report accidents to the police and your own insurance company, or to your employer if you were injured at work. Then contact a lawyer with experience in your type of injury matter.

If you have 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 35 years of legal experience and gets results; he has collected millions of dollars for his satisfied clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. Stephen is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.

Stephen handles injury cases on a contingency fee basis, which means you pay nothing up front, and Stephen only gets paid if you do. You have only a limited time to file a claim, so don’t wait another day; contact Stephen now to get started putting your life back together.