For many Pennsylvania workers, the risk of a repetitive trauma injury is much higher than the risk of a one-time, catastrophic injury. Repetitive trauma injuries like arthritis and degenerative disc disease take time to develop, but they can be as devastating as any catastrophic injury, and their effects are often permanent. Workers’ compensation can help if you have arthritis or degenerative disc disease, but you might face an uphill battle getting your employer or their insurer to approve your claim.
If you developed arthritis or degenerative disc disease from your job, the Pennsylvania workers’ comp attorneys at Calhoon & Kaminsky, P.C., can help. We understand that these cases can be complicated and what it takes to win them. We can take care of the initial claims paperwork for you and handle any appeals if your employer denies your claim. Let us fight for the fair compensation you deserve. Call us today or visit our contact page for a free case review.
Arthritis and Workers’ Compensation
Arthritis is a medical condition in which the joints become inflamed, leading to long-term pain and reduced mobility. There are several types of arthritis, each affecting different joint tissues. Osteoarthritis causes the cartilage in the joints to break down, meaning there is less cushioning at the point in the joint where two or more bones meet. Rheumatoid arthritis causes the body’s immune system to attack tissues within a joint, starting with the joint’s lining. Gout is another form of arthritis caused by an excess of uric acid.
The symptoms of arthritis vary but often include the following:
- Pain in the affected joint and surrounding areas
- Swelling of the joint and surrounding tissues
- Joint stiffness or redness
- Decreased range of motion
Many types of arthritis, especially osteoarthritis, are caused by repetitive trauma to the affected joint. Repetitive trauma injuries occur when someone repeats the same motion or activity over and over. Gradually, the repeated stress on the joint can cause cartilage or other tissues to break down, leading to intense pain and other symptoms.
Some common work activities that can cause arthritis include:
- Lifting large objects, especially if you lift many items during an average workday
- Working with vibrating tools
- Repetitive arm or hand motions, especially motions related to gripping objects
- Repeatedly lifting and twisting your body at the same time
- Repeatedly bending and twisting your body at the same time
- Working frequently with your arms extended or over your head
- Activities that require you to stand in an awkward position or with an awkward posture for long periods
- Typing for long periods
To recover workers’ compensation for arthritis, you must show that your injury is a result of your working conditions and that your injury prevents you from doing your regular work. If you meet those requirements, workers’ comp benefits will cover osteoarthritis, rheumatoid arthritis, gout, and similar conditions.
Degenerative Disc Disease and Workers’ Comp
The vertebrae of your spine are cushioned by small, spongy discs between each bone. These discs can break down over time due to repeated stress or trauma. Doctors call this condition degenerative disc disease, which can cause debilitating back pain and other symptoms.
As the discs in your back wear down, they can cause various health problems. Bone spurs can form in the part of the spine where a disc has broken down, putting pressure on the spinal cord and surrounding nerves. A degenerated disc is also more likely to rupture or cause a hernia, which can cause severe pain. In some cases, degenerative disc disease can prevent someone from moving or engaging in most physical activities, leaving them unable to work and enjoy life.
Common symptoms of degenerative disc disease include:
- Back aches and soreness, especially when moving your body
- Numbness or tingling in the arms or legs
- Radiating pain in the buttocks and lower back
- Pain that worsens when bending, lifting, or sitting
Like arthritis, many cases of degenerative disc disease are related to repetitive trauma at work. Some common work activities that can cause degenerative disc disease include:
- Kneeling
- Lifting or carrying heavy objects
- Bending
- Climbing stairs or walkways
- Standing for long periods, especially if you have to stand at an uncomfortable angle or posture
- Repeatedly lifting and twisting your body at the same time
Filing a Workers’ Compensation Claim in Pennsylvania
The basic steps in filing a Pennsylvania workers’ comp claim are as follows:
- Report the injury to your employer. You must report your injury within 21 days of your diagnosis to claim benefits starting from the date of your injury. The final deadline to report a work-related injury to your employer is 120 days from your diagnosis.
- Seek medical treatment. If your employer correctly posted a list of approved doctors, you must see a doctor on this list for at least 90 days after the day of your first visit. Your employer cannot require that you see a particular doctor on the list, and you are allowed to switch from one doctor to another at your discretion.
- File a report with the Department of Labor & Industry. Your employer is responsible for reporting your injury to the state, but if they’re dragging their feet, you can submit a claim yourself. You can find the required workers’ comp claims forms online.
- Wait for your employer’s response. Once you submit your claim, your employer’s insurance carrier has 21 days to either approve your claim or deny it with an explanation. If the carrier approves your claim, you should start receiving workers’ comp benefits soon afterward. If your employer denies your claim, you can hire a workers’ comp attorney and appeal their decision. In some cases, your employer might need additional information before making their decision, in which case a lawyer can help you find the evidence to support your claim.
Contact an Arthritis and Degenerative Disc Disease Attorney Now
Arthritis and degenerative disc disease are debilitating illnesses that can keep you from working and earning a living. If you have work-related arthritis or degenerative disc disease and need help claiming workers’ comp benefits, contact Calhoon & Kaminsky, P.C., today for a free consultation.
