Episode 106: Calloway County workers’ compensation attorney Jeff Roberts asks, “Is your condition actually work-related?” It’s not uncommon for someone to assume his/her pain is age-related or due to some other issue. In reality, it’s quite possible your pain stems from a workplace injury, and eligible for workers’ compensation benefits.
The Doctor Needs Information to Assess Causation
Jeff will discuss a number of situations he’s seen where the doctors didn’t fully understand the type of work the individuals performed. Once it was clarified, they changed their opinions regarding the cause of the pain.
It’s not always the doctor’s fault. They want to focus on diagnosing and treating the pain. They may not ask about the type of work the patient does. Until they have the full picture, they may not consider the condition to be work-related. It’s important that you, as an injured person, explain the job tasks you’re required to perform. This can make a significant impact on your ability to file a successful worker’s compensation claim.
What if I Have a Pre-Existing Condition?
Back pain might be attributed to aging or a pre-existing condition. Jeff explains that in Kentucky you can still qualify for workers’ comp benefits, even if you have a pre-existing condition. If the pain was activated by your work activities, you may be able to qualify for benefits.
A diagnosis for degenerative disc disease, or getting treatments periodic treatment by a chiropractor, doesn’t mean you are disqualified. If Jeff can prove that your condition is actually work-related, that opens the door to potential benefits. Was the pain that caused you to see a chiropractor simply a method of dealing with minor pain, from time to time? If suddenly you experience a much more intense level of pain, there’s a chance your pre-existing condition was worsened by a job-related activity.
Are You Experiencing a Different Type of Pain?
For instance, even if you had back pain, but after lifting a heavy object at work, you’re now experiencing pain radiating into your leg, it may be a symptom of a pinched nerve. This sudden onset of pain is a different type of pain, beyond your normal back pain. Jeff may be able to prove your condition is actually work-related.
It may be a situation in which a determination is made that a certain percentage of your pain is due to tasks performed at work. Still, getting some level of compensation or benefits, based on your impairment rating is much better than assuming you don’t have a valid case. Remember, if the condition can be proven to be work-related, you’ll still receive full medical benefits and all of your temporary, total disability (TTD) benefits while you’re off of work, under doctor’s orders.
Did Your Pre-Existing Condition Not Cause Pain, Until Now?
In Kentucky, even if your pre-existing condition wasn’t causing you pain (e.g. “dormant”), but suddenly is activated and causing pain, Jeff may be able to prove your condition is actually work-related. Kentucky law allows workers’ comp benefits to be awarded for a pre-existing condition that was activated by the work you do.
Years of Experience Helping Injured Workers
Jeff Roberts has 32 years of experience handling workers’ compensation claims throughout Kentucky. He’s represented injured workers and helped to prove they qualify for workers’ comp benefits. It’s important that a determination is made as to whether your condition is actually work-related. Jeff may be able to provide the doctor with additional information connecting the dots between your work activities and your current pain.
Is the Doctor Blaming Your Pain on Arthritis?
Many people don’t understand that your work activities can accelerate the development of arthritis. Tasks you perform at work might affect your knees, hips, shoulders or other joints. That’s typically where you begin to feel the pain from arthritis. The key to determine if the pain from arthritis was actually work-related.
This is especially important to ask, if the person with arthritis is relatively young. It doesn’t usually set in until the person is older. Do you stand or work on a concrete surface at work? Do you perform repetitive motions, including working overhead, such as on an assembly line? These are common signals that your condition is actually work-related.
Jeff points out that truck drivers often experience back pain because the truck’s cabin bounces repeatedly as they are driving. This can cause a variety of painful symptoms, pain from degenerative disc disease.
Jeff stresses the importance of letting your treating doctor know about the various aspects of your job that may have triggered the pain. It’s very helpful if they document the causation as being work-related in your medical records. Those notes will be extremely important at your hearing.
Did the Doctor Tell You the Pain Is Age-Related?
It’s true, we may not be as young as we once were, but just because we’re older doesn’t necessarily mean our aches and pains are completely age-related. Degenerative disc disease and arthritis are often blamed on part of getting older. But that may not be the full story.
If you repeat certain types of work activities over and over, it may be possible that your condition is actually work-related. Talk with your doctor. They need to what you do at work. Once again, causation is a key factor in determining your eligibility for workers’ compensation benefits.
If Your Condition Is Bad Enough, You May Need to Consider a Career Change
Back pain, in particular, can have serious repercussions. For instance, if you have to have a spinal fusion, you may not be able to safely lift the weight you did in the past. If you’re a construction worker or roofer, for instance, this may mean you need to begin planning for a career change. If your doctor is discussing potential surgery to treat your pain, it’s better to understand the limitations you’ll have. It’s always better to be proactive, if possible.
If You’d Like Additional Information
Jeff specifically discussed Pre-Existing Conditions in Episode 30. He covered Repetitive Motion Injuries in Episode 31.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Workers’ Compensation Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
