While we often talk about accident-related injuries on our Web site, when it comes to workers’ compensation claims, you do not actually have to be involved in an accident in order to be entitled to benefits. If you have been injured on the job and your employer is subject to state or federal workers’ compensation requirements, you can obtain financial compensation for your injuries. This is true whether you suffer your injuries in an accident – such as a fall on a construction site – or if you suffer what we call a WEAR and TEAR injury.
About WEAR and TEAR Injuries
A WEAR and TEAR injury is a medical condition that arises out of the physical tolls that your job takes on your body. Some WEAR and TEAR injuries can occur over a relatively short period of time, while others may develop slowly over the span of a long career in a particular trade. Common WEAR and TEAR injuries include:
· Disc abnormalities in the neck and lower back
· Rotator cuff injuries and shoulder impingement syndrome
· Carpal tunnel syndrome
· De Quervain’s tenosynovitis
· Trigger finger (stenosing tenosynovitis)
· Osteoarthritis and degenerative conditions in the hips, elbows, hands, and knees
If you work in any type of job that is physically intensive or requires repetitive movements, you may be at risk for WEAR and TEAR injuries. Construction workers, casino workers, warehouse employees, and secretarial and administrative workers are just some of the types of individuals we represent in WEAR and TEAR workers’ compensation claims.
Workers’ Compensation is a No-Fault System
Workers’ compensation is a no-fault system. This means that you can obtain benefits even if your employer wasn’t negligent or in violation of the law in allowing your injuries to occur. Many people think that they need to be able to show that their employer knew about a dangerous or hazardous situation in order to obtain benefits, but that isn’t the case. If you suffered a work-related injury, you are entitled to seek workers’ compensation. Did you also know:
· A pre-existing condition does not necessarily preclude you from receiving workers’ compensation benefits. Furthermore, your job does not have to be the sole factor which caused the injury. You may be entitled to workers’ compensation so long as your occupational exposure is a material contributing factor to either the causation, aggravation, acceleration or exacerbation of the injury.
· When you receive medical treatment through workers’ compensation, you should not have to pay any out-of-pocket costs for your care or prescription medications.
· You can receive up to almost nine years of tax-free temporary disability benefits at 70% of your wage or salary for a medical condition that is either caused or worsened by a workplace accident or WEAR and TEAR injury.
Contact Petro Cohen, P.C. about Your WEAR and TEAR Injury
If your physical condition has deteriorated and you believe that it might be because of your job, you may be entitled to seek workers’ compensation for a WEAR and TEAR injury. To learn more about how to file for workers’ compensation benefits, please contact us today.