Blog Post
Claiming Workers' Compensation Benefits for a Repetitive Use Injury
- By Admin
- •
- 07 Nov, 2017
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From factory workers to teachers to bakers, many individuals who work highly physical jobs may be vulnerable to overuse or repetitive use injuries after decades on the job. Many affected individuals don't submit a workers' compensation claim for these injuries to their respective employers, instead writing them off as part of the aging process or just not the type of "accident" workers' compensation is designed to cover.
However, repetitive use injuries are often compensable, and failing to seek workers' compensation coverage for your medical costs and time off work could deal a financial blow to even the most well-prepared worker.
Read on to learn more about the process of pursuing and even appealing a workers' compensation determination if your injury is due to years of repetitive activities rather than a one-time incident.
Identifying Your Injury
Your first step should always be to report this injury to your employer. While pinpointing the onset of a repetitive use injury is far more difficult than pinpointing the onset of a sudden injury, failing to report an injury to your employer until you've already sought and begun to receive care for it could potentially waive your right to have medical bills and other expenses covered.
Generally speaking, you'll want to report a repetitive use injury to your employer within one month of seeking medical care for this injury. Spending years receiving care for an injury or monitoring your deteriorating condition without submitting a claim to a workers' compensation insurer may diminish your credibility when it comes to attributing this injury to your employment.
One of the primary challenges when it comes to submitting a workers' compensation claim for a repetitive use injury is establishing that the injury developed because of and was exacerbated by your employment.
By reporting your injury to your employer, you'll be able to get the ball rolling on the claim process, document your struggle and put your employer on notice that your job duties are causing you physical pain. Your employer may temporarily reassign you or remove certain duties while your claim is pending, assuming you're still able to perform some work.
Making a Claim
Within one day after you report your injury to your employer, you should be provided with a copy of a claim form. This form will seek information on how your injury came about, what treatment you've sought and other relevant factors that could impact your claim.
After you've completed this form and returned it to your employer, your employer will complete the section they are responsible for and forward the form to the appropriate claims administrator. In most cases, this will be an employee of the workers' compensation insurer, although some ultra-large companies have their own claims administrators on staff.
Once your employer has submitted a claim to its workers' compensation insurer, the matter will lie in the hands of the claims administrator. This administrator will review your claim and your employer's statement, analyze any medical records provided and determine whether your claim is or isn't compensable under the workers' compensation policy.
Appealing a Denial
If your workers' compensation claim is denied and you don't already have an attorney to assist you, now is the time to retain one. Your attorney will be able to advocate on your behalf before the state workers' compensation review board, providing evidence as to why your injury should qualify for benefits and why the claims administrator was wrong to deny it.
If this denial is overturned, you may be awarded retroactive benefits back to the date you reported the injury, even if the appeal process has taken months or even years. Seeking legal counsel can help you preserve your rights under state and federal law and ensure you're "made whole" (as much as may be possible) after being injured by your job.
If you need a workers' compensation lawyer, call the Law Office of Jesse L. Alexander III at your earliest convenience. We'll help you acquire the compensation you need.
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