When you submit a claim to obtain workers’ compensation benefits, you, as the petitioner, bear the burden of proof in establishing that you, in fact, sustained an injury, and that the injury was sustained within the scope of your employment. As opposed to a normal civil lawsuit, you are not required to prove that any condition or factor of your work caused your injury or that you were not liable for the injury. However, you are required to meet the specific conditions of a workers’ compensation filing.
For those employees experienced signs and symptoms of WEAR and TEAR injuries, meeting the particularized conditions required for workers’ compensation claims can be more complex than more commonly-litigated issues. When the injury or disease presents gradually over the course of many years, or is mixed with other injuries or medical conditions, it can be challenging to establish the occurrence and existence of the injury.
When contemplating the best approach to establishing proof in a workers’ compensation claim involving a WEAR and TEAR or repetitive stress injury, your medical provider can be an essential party in legitimizing your claim from a legal perspective. Their detailed documentation and expert analysis can be the determinant factor in validating your injury in court and obtaining the support you need to recover from your workplace injury.
Understanding WEAR and TEAR Injuries
WEAR and TEAR injuries are commonly referred to as regional musculoskeletal disorder, overuse syndrome, repetitive strain injury, cumulative trauma disorder, occupational overuse syndrome, repetitive motion disorder, and repetitive motion injury. WEAR and TEAR injuries are those that can be causally linked to performing repetitive actions or repetitively being placed in physically awkward positions for extended periods of time as part of one’s employment responsibilities. These types of injuries adversely affect the nervous and musculoskeletal systems and typically result in significant tissue damage, muscle strain, and inflammation that make it painful or impossible for the impacted employee to continue work.
One of the most commonly seen causes of WEAR and TEAR injuries is typing on a keyboard. However, there are a multitude of varying repetitive workplace actions that can result in WEAR and TEAR injuries, such as repeatedly moving or lifting equipment, working overhead, or even being exposed to unnaturally loud noises on a daily basis in the workplace.
The Challenges of Establishing Proof in WEAR and TEAR Claims
Before covering how your medical provider can assist you in establishing proof in your workers’ compensation claim for a repetitive use or WEAR and TEAR injury, it is important to first have a solid understanding of the various challenges that claimants, suffering from these type of conditions, face from a legal perspective.
As opposed to a sudden and unforeseen workplace incident resulting in injury, like suffering a burn from machinery, WEAR and TEAR injuries are not tied to one specific incident that took place at work by an employee-claimant. Instead, WEAR and TEAR injuries or diseases result from the cumulative and repeated actions involved in the claimant’s position over the course of an extended period of time – thus the term “repetitive stress injury.”
Whether or not a worker is eligible for workers’ compensation disability benefits is almost entirely dependent on the information garnered from the medical history documentation. This includes a comprehensive analysis of whatever statements and treatment notations have been documented from the overseeing medical doctor. This doctor is preferably a physician who is experienced in providing treatment for the specific type of condition and is thus qualified to convincingly comment as to the employee’s specific condition and prognosis. Also included in the medical history are discharge summaries pertaining to any associated hospital visits, data from imaging studies (including x-rays), MRIs, CT scans, and lab panels/blood work tests in addition to any physical therapy programs attempted to alleviate the symptoms associated with the wear and tear injury.
Trusted and Effective Northfield Workers’ Compensation Attorneys
The workers’ compensation legal framework is a nuanced and extremely complex legal niche. Luckily, you do not have to navigate this overwhelming process on your own.
At Petro Cohen, P.C., our workers’ compensation legal team knows precisely what type of documentation and evidence is required to establish your WEAR and TEAR injury. We have years of experience handling all different types of WEAR and TEAR cases, so you can rest assured that our knowledgeable attorneys and staff will be with you every step of the way, ensuring that you obtain all the necessary supporting testimony and documentation for your claim.
When considering your legal representation, Select Excellence. Our workers’ compensation attorneys have over 150 years of combined experience in providing exemplary legal counsel to the residents of Northfield and surrounding communities, and will work tirelessly to make sure your rights are protected so that you obtain the full benefits to which you may be entitled. The head of Petro Cohen’s Workers’ Compensation Department, Frank Petro, along with firm attorneys, Suzanne Holz Meola, Terri Hiles, and Daniel Rosenthal, have successfully handled thousands of litigated workers’ comp cases throughout New Jersey, including hundreds of WEAR and TEAR claims. This experience and winning track record means that you are going to have a skilled New Jersey work injury lawyer by your side every step of the way.
Our clients tell our story best. We encourage you to check out what our clients have to say by reading our Client Testimonials: /client-testimonials/
In addition to our corporate headquarter in Northfield, we have three additional offices in southern New Jersey including Cape May Court House, Hamilton, and Cherry Hill. Our offices are open 8:30 AM until 5:30 PM Monday through Friday, with weekend and evening appointments available as need. In addition, we are available 24/7 via Live Chat on our website: PetroCohen.com
You have worked hard, now let us work hard for you. For more information on your potential WEAR and TEAR or general workers’ compensation claim, we encourage you to reach out to Petro Cohen, P.C. today to schedule a free and confidential case evaluation by contacting us online or calling us now at 888.675.7607.
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