Years of hard work, such as in Kentucky coal mines, manufacturer plants, or on construction sites, can lead to wear and tear injuries caused by repetitive movement. Unfortunately, damage to the back, knees or other body parts caused by wear and tear is often blamed on age when workers seek benefits for injuries suffered on the job.
If a job-related wear and tear injury has put you out of work, the Kentucky workers’ compensation system is designed to pay for your medical treatment and provide benefits that allow you to hold on to the lifestyle you have earned through your hard work. But wear and tear claims can be extremely complicated to pursue. Insurance administrators are more likely to deny wear and tear claims since there is no single incident that caused the injury. Your first call should be to an experienced lawyer who handles wear and tear claims. It’s time to fight for your rights.
It takes courage to stand up to a big insurance company while you are dealing with a painful injury. Let an experienced wear and tear injury lawyer with Morgan, Collins, Yeast & Salyer provide the Kentucky Courage needed to navigate the KY workers’ compensation system and hold the insurer accountable. In more than 20 years, our dedicated attorneys have helped hundreds, if not thousands, of Kentuckians in situations similar to yours seek the full compensation they need to move forward with their lives. Contact us today to set up a free consultation with an experienced workers’ comp lawyer.
Why Wear and Tear Injuries Qualify for Workers’ Comp
Workers’ compensation is a no-fault insurance program that pays benefits to most Kentucky employees who suffer an injury or illness that is caused by their job duties or working conditions.
Kentucky’s workers’ compensation law defines an injury as “any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment.”
Cumulative trauma disorder is a medical name for injuries caused by gradual wear and tear to muscles, tendons, and nerve tissues. A worker may accumulate a wear and tear injury by subjecting their body to stress and strain over many months or years. Wear and tear injuries may be caused by:
- Repetitive tasks or motions
- Forceful exertions (pulling, pushing, lifting, or gripping)
- Vibrations from power tools
- Mechanical compression, such as using tools or objects that press against the palm
- Sustained leaning, bending, or squatting postures
- Lack of time to recover from daily stress and strain.
Common symptoms of wear and tear injuries include pain and swelling of the body parts that are involved in performing the work duties.
Wear-and-tear disorders primarily affecting the upper extremities may be diagnosed as:
- Carpal tunnel syndrome
- Wrist tendonitis
- Ulnar nerve entrapment (hand and forearm pain)
- Tennis elbow
- Shoulder tendonitis
- Hand-arm vibration syndrome.
If you have received any of these diagnoses and your condition was caused or made worse by your job duties, you may qualify for workers’ compensation benefits.
What To Do After Suffering a Wear and Tear Injury
You should:
- Call a workers’ compensation attorney. You need dependable legal guidance about the benefits available if you have a wear and tear injury. The Kentucky workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer can help you seek the full benefits you deserve. This includes payment of all medical bills, replacement of most of your lost wages, and a stipend if you are permanently disabled. Call (877) 809-5352 or contact us online for a free, no-obligation consultation.
- Notify your supervisor about your injury. Report verbally and in writing the type of pain you are suffering. Explain how specific work duties cause or increase your pain.
- Get a medical exam. Injured workers in Kentucky have a right to choose the doctor who treats them. If the employer participates in a managed care network, you must select a doctor from the list of physicians within the network. Tell your doctor about your pain, including where you hurt, how long you have been in pain and the work duties that cause the pain, such as lifting, carrying, bending, or stretching. Ask the doctor for written instructions or a work slip to take leave from work if that is advised.
- Report doctor’s orders to your employer and/or HR department. If your doctor has advised you not to return to work because of a wear-and-tear injury, give the doctor’s work slip to your supervisor or company personnel department.
How To File A Workers Comp Claim For A Wear And Tear Injury
If you have developed a wear-and-tear injury, your first step should be to talk to a knowledgeable lawyer at Morgan, Collins, Yeast & Salyer. A wear and tear claim can be more complicated to investigate and prepare than a claim related to a workplace accident.
Injuries due to wear and tear on your body can be just as disabling as a workplace accident. But because there was no single event that caused your injury, workers’ compensation insurance administrators are more likely to dispute your wear and tear claim.
Everyone experiences some physical changes as they age. To have a successful wear and tear claim, the claim must show that the physical demands of the job cause greater than expected degenerative changes. Our attorneys can review your medical condition and discuss whether your injury provides the basis for a wear and tear claim.
Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.
You are always at a disadvantage if you are facing a judge and an insurance company without an experienced attorney representing your interests. Talk to a knowledgeable lawyer to understand your rights.
Contact a Workers’ Comp Attorney For Your Wear And Tear Injury Now
A wear and tear injury suffered because of your job duties should qualify you for benefits from the Kentucky workers’ compensation system. Don’t give up on seeking the workers’ compensation benefits that Kentucky law provides injured workers who are struggling with wear and tear injuries. Call (877) 809-5352 or contact us online for a free, no-obligation consultation with a Kentucky Courage attorney. We handle workers’ compensation claims every day for injured workers in situations similar to yours. We want to hear from you.
