Everyone experiences some physical changes as a result of natural aging. But the strenuous physical demands of some jobs can cause workers to experience greater than expected degenerative changes, leading to the need for joint replacement, spinal fusions or other medical procedures.
A Kentucky worker who requires a knee or shoulder replacement or spinal surgery for a degenerative condition may qualify for workers’ compensation benefits including disability payments if their impairment was caused by the cumulative trauma of doing their job.
Some employers and insurers may dispute claims for workers’ comp benefits for cumulative trauma injuries, also known as wear and tear injuries. But workplace injuries that develop gradually over months or years can be just as disabling and serious as injuries from sudden accidents. Wear and tear injuries suffered because of job duties or working conditions are recognized by the Kentucky workers’ compensation system as compensable injuries.
The Kentucky workers’ compensation attorneys for cumulative back injuries at work of Morgan, Collins, Yeast & Salyer have helped many workers obtain benefits for wear and tear injuries. We know the law and how to build persuasive cases. If you have questions about whether you may qualify for a workers’ compensation settlement for a wear and tear injury, contact us right away. We have the Kentucky Courage to stand up to big insurance companies and fight for you. We can schedule a free initial consultation to discuss your options available to you.
What is a Wear and Tear Injury?
A wear and tear injury or wear and tear is one in which damage to your body accumulates over time as you repeat certain motions and exert yourself to perform your job. The injury is due to excessive wear and tear on muscles, tendons and nerve tissues.
Kentucky’s workers’ compensation law acknowledges injuries caused by repeated stress and strain. At KRS 342.0011, definitions for Chapter 342, Workers’ Compensation, the statute says “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment.”
To have a valid claim, you’ll need to have an established medical history including diagnostic tests that show greater than expected degenerative changes in the affected area of the body. The condition must be related to work activity.
Types of Wear and Tear Injuries
A Kentucky worker who has suffered a wear and tear injury should not hesitate to explore the availability of workers’ compensation benefits.
Our workers’ comp attorneys at Morgan, Collins, Yeast & Salyer encourage workers to see their family doctor, get diagnostic tests to show the cumulative trauma and get a referral to a surgeon to evaluate whether surgery is needed. When possible, it’s best to take the initial steps while you are still employed.
You may qualify for an impairment rating and workers’ compensation benefits.
The types of conditions that may involve wear and tear and qualify an injured worker for workers’ compensation benefits include:
- Shoulder Surgery—Shoulder movement occurs in many work activities including lifting, pushing, pulling, and reaching. Shoulder injuries are common wear and tear injuries among workers who lift loads such as warehouse workers, grocery store stockers, and nurses’ assistants. Some injuries require partial or complete replacement of the shoulder ball-and-socket joint.
- Knee Replacement—Jobs that involve a lot of walking or climbing may lead to knee pain and stiffness that limit your mobility or cause you to walk with a limp. You may need a partial or complete knee replacement if you have experienced greater than expected degeneration of the knee joint as a result of your job duties.
- Hip Replacement—Jobs that involve bending, squatting, twisting, crawling, standing for long periods of time, and heavy lifting may put added stress on the hips and lead to a physical impairment requiring a hip replacement. Hip injuries can be caused by repetitive workplace activity.
- Degenerative Discs—Jobs that involve repetitive neck motions, working in awkward positions, or bending put extra stress on the neck and back Degeneration of discs between the vertebrae can put pressure on nerves and cause severe back pain, restricted movement, and loss of function. Spinal fusion surgery may be required to address degenerative discs in the cervical or lumbar region of the back.
- Carpal tunnel Syndrome—This wear and tear injury involves compression of the median nerve as it passes through the carpal tunnel in the wrist due to inflammation. Jobs that can cause carpal tunnel syndrome include those that combine high force, high repetition, and awkward hand postures such as typing, data entry, assembly line work, meat processing packing, sewing, and cutting.
- De Quervain’s Disease— This injury is caused by excessive friction between the two thumb tendons and the sheath they share. The condition is often diagnosed in buffers/grinders, sewers and cutters, packers, and housekeepers.
- Raynaud’s Syndrome—Also called “vibration white finger” or “hand-arm vibration syndrome,” this condition causes numbness and tingling in the fingers. Ultimately, it leads to loss of sensation and muscle control in the fingers and hands. It is caused by forceful gripping or prolonged use of vibrating tools, such as hand-held power drills, power saws, needle guns, chipping hammers, and rotary hammer drills.
- Rotator Cuff Tendonitis—A rotator cuff injury involves swelling, and tearing of tendons in the shoulder often associated with work that requires the elbow to be in an elevated position for long periods of time, such as while performing overhead tasks.
- Trigger Finger Injury—This is an inflammation of the tendon sheath of a finger that causes the tendon to become locked in the sheath. Often associated with using tools that have handles with hard edges or ridges, or repetitive bending of the fingers with continued forceful gripping of equipment.
Treatment and Costs of Wear and Tear Injuries
The typical symptoms of wear and tear stress injuries are pain, numbness, loss of motion, and loss of sensation. Treatment tends to escalate according to the intensity of pain or loss and includes combinations of:
- Rest
- Exercise programs to strengthen the tissue and minimize further injury
- Pain management techniques
- Steroid injections
- Braces or splints to immobilize the area
- Surgery (most commonly recommended to relieve the symptoms of carpal tunnel syndrome)
Wear and tear injuries cost workers lost income and businesses lost productivity. With serious injuries, workers may no longer be able to handle the physical demands of their former job.
The Kentucky Department of Workers’ Claims reports that in the fiscal year 2019-2020, there were 3,903 new applications for the resolution of claims, which means a disputed claim had to be resolved by an Administrative Law Judge. Among litigated injury claims, the three most common causes of injury were strains (1,433), falls, slips or trips (738), and cumulative trauma (437).
Contact a Wear and Tear Injury Attorney Today
Jobs that involve strenuous physical activity can cause wear and tear injuries. If you have developed a work-related injury, you may be entitled to workers’ compensation benefits.
You’ll need the help of an experienced workers’ compensation who will fight for you to receive the full benefits provided by law. If you need help filing a workers’ compensation claim or appealing a denied claim, the Kentucky workers’ comp attorneys at Morgan, Collins, Yeast & Salyer are ready to help you seek the maximum compensation available by law.
Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation, and put our Kentucky Courage to work for you.
