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Is Your Condition Actually Work Related?

Episode 106: Calloway County workers’ compensation attorney Jeff Roberts asks, “Is your condition actually work-related?” It’s not uncommon for someone to assume his/her pain is age-related or due to some other issue. In reality, it’s quite possible your pain stems from a workplace injury, and eligible for workers’ compensation benefits. The Doctor Needs Information to Assess Causation It’s not always the doctor’s fault. They want to focus on diagnosing and treating the pain. Until they have the full picture, they may not consider the condition to be work-related. Explain the job tasks you’re required to perform. It can make a significant impact on your ability to file a successful worker’s comp claim. What if I Have a Pre-Existing Condition? Back pain might be attributed to aging or a pre-existing condition. You can still qualify for workers’ comp benefits even if you have a pre-existing condition. If the pain was activated by your work activities, you may be able to qualify for benefits. A diagnosis for degenerative disc disease, or getting treatments periodic treatment by a chiropractor, doesn’t mean you are disqualified. If suddenly you experience a much more intense level of pain, there’s a chance your pre-existing condition was worsened by a job-related activity. Are You Experiencing a Different Type of Pain? Even if you had back pain, but after lifting a heavy object at work, you’re now experiencing pain radiating into your leg, it may be a pinched nerve. This sudden onset of pain is a different type of pain, beyond your normal back pain. Jeff may be able to prove your condition is actually work-related. It could be determined part of your pain is due to tasks performed at work. If the condition can be proven to be work-related, you’ll still receive full medical benefits and all of your temporary, total disability (TTD) benefits while you’re off of work, under doctor’s orders. Did Your Pre-Existing Condition Not Cause Pain, Until Now? Even if your pre-existing condition wasn’t causing you pain, but suddenly is activated and causing pain, Jeff may be able to prove your condition is actually work-related. Kentucky allows workers’ comp benefits to be awarded for a pre-existing condition activated by the work you do. Years of Experience Helping Injured Workers Jeff Roberts has 33 years of experience handling workers’ comp claims across Kentucky. He’s represented injured workers and helped to prove they qualify for workers’ comp benefits. Jeff may be able to provide the doctor with information connecting the dots between your work activities and your current pain. Is the Doctor Blaming Your Pain on Arthritis? Many people don’t understand your work activities can accelerate the development of arthritis. Tasks you perform at work can affect your knees, hips, shoulders or other joints. The key to determine if the pain from arthritis was work-related. Are you a relatively young person with arthritis? It doesn’t usually set in until the person is older. Do you stand or work on a concrete surface at work? Do you perform repetitive motions, including working overhead, such as on an assembly line? These are common signals that your condition is actually work-related. Truck drivers often experience back pain because the truck’s cabin bounces repeatedly as they are driving. This can cause a variety of painful symptoms, pain from degenerative disc disease. Let your treating doctor know about the various aspects of your job that may have triggered the pain. They should document the causation as work-related in your medical records. Those notes will be extremely important at your hearing. Did the Doctor Tell You the Pain Is Age-Related? We may not be as young as we once were. Just because we’re older doesn’t necessarily mean our aches and pains are completely age-related. Degenerative disc disease and arthritis are often blamed on part of getting older. That may not be the full story. If you repeat certain types of work activities over and over, it’s possible your condition is work-related. Talk with your doctor about what you do at work. Causation is a key factor in determining your eligibility for workers’ comp benefits. If Your Condition Is Bad Enough, You May Need to Consider a Career Change Back pain can have serious repercussions. If you have to have a spinal fusion, you may not be able to safely lift the weight you did in the past. For a construction worker or roofer, this may mean you need to begin planning for a career change. If your doctor discusses potential surgery to treat your pain, understand the limitations you’ll have. It’s always better to be proactive, if possible. Is It Time to Speak with an Attorney about Your Workers’ Comp Claim? The office phone number is (270) 753-0053. Visit http://www.JeffRobertsLaw.com. Podcast provides information and is not legal advice. Principal office: 509 Main Street, Murray. Jim Ray is a non-attorney spokesperson. This is an advertisement.