The Difficulty of Receiving Workers’ Compensation Benefits For Overuse Injuries

If you have suffered an overuse injury of any kind, do not hesitate to contact an attorney at once for help receiving medical and wage replacement benefits from workers’ compensation. An attorney can aggressively advocate on your behalf to help ensure you recover the compensation that you deserve.

What is an Overuse Injury?

The most common type of accident that causes an employee to miss days at work does not result in a fracture, laceration, head trauma, or other traumatic acute injury. What comes to mind may be a fall from scaffolding or getting a hand pinched in heavy machinery, but the most common type of injury in the workplace is one of overexertion. Overexertion is a misleading word in this sense, because it does not mean being tired or worn out. The National Safety Council’s (NSC’s) definition of workplace overexertion is, “a major cause of the inflammation of joints and ligaments that results

from excessive physical effort.” The most common cause of missing work due to an injury or illness involves strains and sprains, which account for 43 percent of all injuries on the job, according to the Bureau of Labor Statistics. And, 52 percent of all overexertion injuries are to the back alone, according to the NSC. Common types of overexertion injuries include:

  • Carpal tunnel syndrome;
  • Plantar fasciitis
  • Torn meniscus;
  • Tennis elbow;
  • Tendonitis;
  • Back strains;
  • Herniated disc; and
  • Achilles tendon rupture, among many others.

Overexertion injuries (typically called overuse injuries in the medical world) result in chronic pain that has a debilitating effect on the damaged body part. While workers’ compensation was designed to help injured workers access the best medical treatment available to ensure their recovery and get them back to work pain free (or to help them provide for their family throughout the future if they are permanently debilitated), millions of injured workers are denied in Maryland and across the country because their employer does not believe their injury is legitimate.

Proving The Overuse Injury is Real And Happened at Work Can Be Complicated

In order to receive workers’ compensation, you only need to prove three things:

  • That the extent and seriousness of the injury necessitates medical benefits;
  • That the injury happened while you were at work or within the scope and course of your job; and
  • That you were not intoxicated or inebriated from controlled substances at the time of the injury.

Unfortunately, proving the medical seriousness of an overuse injury can be difficult, as it is not as easy to diagnose chronic back pain as it is to diagnose a broken collarbone. An X-ray easily shows a fracture, while tendon, muscle, and joint pain does not necessarily show up with any test. The damage may be real and the pain extraordinary, but because there may not be enough “proof,” your claim could be denied. Employers and their insurance providers will take every opportunity at their disposal to deny your claim to keep their costs low, which is why legal assistance is almost always necessary.

Call an Experienced Pasadena, Maryland Workers’ Compensation Attorney Today

Proving the existence and the extent of an overuse injury can be very difficult. Call the experienced Pasadena workers’ compensation attorneys of Frame & Frame today at 410-255-0373 for immediate assistance.



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