Wear-and-tear injuries are widespread in the workplace. Work activities involving repetitive motions can cause significantly painful and debilitating conditions over time.
If you’ve suffered a wear-and-tear injury because of your job demands or workplace conditions in Lexington, our seasoned workers’ compensation attorneys want to help you seek the work injury benefits available by Kentucky law.
Following is more information about what qualifies as a wear-and-tear injury and when you need an attorney’s help. If you’ve sustained a wear-and-tear injury in Lexington, call Morgan, Collins, Yeast & Salyer at (877) 809-5352 for a free consultation about your case today.
What Is Wear-and-Tear Injury?
A wear-and-tear injury occurs gradually due to repetitive or prolonged use of a particular body part. The injury typically occurs in joints, tendons, muscles, or other tissues and can cause pain, inflammation, and limited function. Common examples of wear and tear injuries include carpal tunnel syndrome, tendinitis, lower back injuries, and rotator cuff injuries.
Wear-and-tear injuries can occur in various settings, including occupations that involve physical exertion and repetitive motions. They can impact individuals of all ages but are more common as people age and tissues become less resilient.
Some physical changes occur as part of the natural aging process. To qualify for worker’s compensation benefits, an injured worker’s degenerative changes due to wear and tear must be greater than would be expected as part of the aging process and be caused by work conditions.
If you suspect a wear-and-tear injury, it’s essential to seek medical attention to obtain a proper diagnosis and develop an appropriate treatment plan. Treatment for wear-and-tear injuries typically involves rest, physical therapy, pain management, and lifestyle modifications to promote healing.
When Do You Need a Work Injury Lawyer?
You should consult with a workers’ compensation lawyer if have been diagnosed with a work-related injury. Since wear-and-tear injuries gradually, they may be more complicated to prove.
There are certain situations where a work injury lawyer’s knowledge is particularly valuable:
- Complex claims – Your wear-and-tear injury claim involves complex legal or medical issues. You should consult with a work injury lawyer and discuss the proper steps to take. A lawyer can help you interpret applicable laws and understand your rights.
- Disputed liability – If your employer or its insurance company denies liability for your wear-and-tear injury, a work injury lawyer at Morgan, Collins, Yeast & Salyer can help you gather evidence, build a strong case, and advocate on your behalf. Our Kentucky Courage attorneys have experience negotiating with insurance companies and can represent you in legal proceedings if necessary.
- Denial of benefits – If your claim for workers’ compensation benefits is denied or you don’t receive all the benefits you expect, a work injury lawyer can help you appeal the decision. Our attorneys understand the legal requirements and appeals process to challenge denials and guide you through the appeals process.
- Permanent disability – If your wear-and-tear injury leaves you with a permanent disability, it’s crucial to have a work injury lawyer assess the long-term impact of the injury and calculate the appropriate compensation for your disability.
- Employer retaliation – If you encounter any form of employer retaliation, such as termination, demotion, or harassment, for filing a wear-and-tear injury claim, a Lexington work injury lawyer can protect your rights. When injured workers stand up for what they deserve, it’s called Kentucky Courage.
- Legal representation – Even if your claim seems straightforward, a work injury lawyer can explain your option, communicate with insurance companies on your behalf, and advocate for your best interests.
Remember, each wear-and-tear injury case has unique factors. Call Morgan Collins Yeast & Salyer today at (877) 809-5352 to schedule a free case evaluation with a lawyer specializing in work injury claims.
How Do You Prove a Wear-and-Tear Injury?
Proving a wear-and-tear injury generally requires gathering and presenting evidence to show how your injury occurred and its extent. That evidence can include:
- Medical documentation – Seek prompt medical attention from a qualified healthcare professional who can evaluate your condition. Obtain a thorough medical examination and ensure that your healthcare provider documents the injury and its connection to your work activity. Medical records, diagnoses, and treatment plans are essential in establishing the existence and severity of a job-related wear-and-tear injury.
- Medical testimony – To support your claim, you may need testimony from medical professionals who specialize in the specific body area affected by the wear-and-tear injury. A medical specialist can explain the causal relationship between the work activity and the resulting damage. Their testimony can strengthen your claim.
- Causation – Establishing a causal link between the wear and tear conditions and the injury is crucial. Medical records and expert opinions can show how the wear and tear led to the specific injury.
- Documentation of the condition – Gather any evidence demonstrating wear and tear in the affected area. This evidence may include imaging scans, X-rays, MRIs, or other diagnostic tests. Additionally, if any work-related factors contributed to the wear and tear injury, such as repetitive motions or unsafe working conditions, document the tasks you perform and evidence that your job requires those motions.
- Pre-existing conditions – If you have any pre-existing conditions or prior injuries in the same area, it’s essential to address them in your case by providing medical records that clearly distinguish between the pre-existing condition and the new injury caused by wear and tear.
- Witnesses and testimonials – Eyewitness accounts or testimonies from colleagues, friends, or family members can help support your claim.
More details: How To Prove That a Wear and Tear Injury is Work Related?
What Are the Most Common Wear-and-Tear Injuries?
The most common wear-and-tear injuries, often called overuse injuries, can occur in various body parts. Here are some examples:
- Tendinitis – Tendinitis is the inflammation of a tendon, which connects muscles to bones. It commonly affects the shoulder, elbow, wrist, knee, and ankle tendons.
- Bursitis – Bursitis is the inflammation of the bursae, small fluid-filled sacs that cushion and reduce friction between bones, tendons, and muscles. It often occurs in the shoulder, elbow, hip, knee, and heel (Achilles bursitis).
- Carpal tunnel syndrome – This condition occurs when the median nerve is compressed, where it passes through the wrist’s carpal tunnel. It is commonly associated with repetitive hand and wrist motions, leading to tingling, numbness, and weakness in the hand and fingers.
- Rotator cuff injuries – The rotator cuff is a group of tendons and muscles that stabilize the shoulder joint. Workers whose jobs require frequent overhead work, such as painters, carpenters, and auto mechanics, may experience wear and tear to the rotator cuff, causing shoulder pain, weakness, and limited range of motion.
- Plantar fasciitis – This condition involves inflammation and micro-tearing of the plantar fascia, a thick band of tissue that supports the foot’s arch. It typically causes heel pain and stiffness, especially with the first steps in the morning.
- Osteoarthritis – Osteoarthritis is a degenerative joint disease characterized by the breakdown of cartilage that cushions the joints. It commonly affects weight-bearing joints such as the knees, hips, and spine, causing pain, stiffness, and reduced mobility.
It’s important to note that these are just a few examples of typical wear and tear injuries. Other overuse injuries can affect different parts of the body. If you suspect you have developed a wear-and-tear injury related to your job, it’s advisable to consult with a medical professional for an accurate diagnosis and appropriate treatment.
Get a Free Attorney Consultation for Your Wear-and-Tear Injury
If you are suffering from a wear-and-tear injury in Lexington, our attorneys can help you understand your legal rights. We will pursue the full benefits you deserve for your injuries. At Morgan, Collins, Yeast & Salyer, the attorneys you see on our television ads are the ones who will be working on your case with you. We are real attorneys who advertise – not advertisers with law degrees.
We can schedule a free case review when you call us at (877) 809-5352, or you can contact us online. We consider it an honor to help injured Kentuckians demand the full benefits available to them. We look forward to helping you evaluate your claim.
