When a work injury aggravates or accelerates your arthritis or degenerative disc disease, you have a right to file for workers’ compensation benefits. There is a considerable misunderstanding concerning the right of an injured worker to obtain these benefits for an aggravation of a preexisting injury, particularly as it relates to arthritis and degenerative disc disease. Speaking to an experienced workers’ compensation lawyer about these conditions will help you decide on the right course of action.
The term arthritis specifically means joint inflammation. It is used generally to explain many different types of rheumatic conditions that affect a person’s joints, tissue that surrounds the joint and connective joint tissue. Common types of arthritis include:
Symptoms of arthritis can vary and the onslaught can be gradual or sudden. Most commonly, symptoms include stiffness, swelling, redness, pain around one or more joint (i.e. knees, wrists, hands, hips and shoulders) and limitation of the function of surrounding and supportive body structures.
About Degenerative Disc Disease
Degenerative disc disease is a widespread condition that can lead to serious lower back and neck pain. Almost everyone experiences this medical condition, simply because a person’s spinal discs degenerate and lose the ability to absorb shock naturally over time. An injury to the disc can accelerate and aggravate this degenerative condition. Most often degenerative disc disease pain occurs not from the condition itself, but because a person suffers another injury to the back or neck.
Degenerative disc disease is not actually classified as a disease, but a medical condition caused by a damaged disc in the spine. Such damage can include a slipped disc, ruptured disc or herniated disc, or a tear in a disc’s outer core, also referred to as an annular tear.
Types of Work Injuries That Aggravate These Pre-Existing Conditions
Certain jobs make a person more susceptible to aggravating a pre-existing condition like arthritis or degenerative disc disease. People are more susceptible to aggravating their pre-existing arthritis if they hold jobs that require them to perform repetitive motions, to endure high impact activities, or to remain sedentary for long. Examples of such jobs include truck driving, heavy machine operation, assembly line work, construction work, and other types of manual labor.
How Work Injuries Aggravate Pre-Existing Arthritis and Degenerative Disc Disease
People are more likely to aggravate their degenerative disc disease when they work in manual labor jobs that require repeated heavy lifting, twisting and turning. Any job that can potentially lead to a back or neck injury can aggravate degenerative disc disease. Repetitive motion work injuries can be a serious detriment to health and a workers’ compensation attorney can help.
When seeking workers’ compensation settlements for an aggravation of preexisting arthritis or degenerative disc disease, it is important to understand that these conditions are covered. These are compensable regardless of whether the preexisting condition was work-related.
Workers’ compensation benefits cover work-related injuries that aggravate a preexisting condition even if that condition made the person more susceptible to future injury. When claiming compensation for an aggravation of a preexisting condition, a person must simply show that the aggravation of the injury was work related and the resulting disability prevented them from working.
How Workers’ Compensation Law Works for Arthritis and Degenerative Disc Disease
Workers’ compensation laws require employers to carry insurance policies that cover employees’ work-related injuries. Workers’ compensation coverage is usually available regardless of employer culpability or the employee’s prior physical condition. Therefore, injuries aggravated or accelerated by your work injury are compensable under workers compensation.
The basic legal eligibility requirements for any workers’ compensation claim are:
- That an employee suffers a work-related physical or mental injury
- That the resulting disability prevents the employee from working in his or her regular duty position.
- That the employee provide notice to an employer within the statutorily required period
Talk to a Lawyer if a Workplace Injury Has Aggravated Your Arthritis or Degenerative Disc Disease
Given the time limitations surrounding the filing of a workers’ compensation claim against your employer, it is important to act promptly. Speak to an experienced workers’ compensation attorney and get a free consultation on how your work injury or the aggravation of a pre-existing condition will affect your workers’ compensation claim.
Krasno, Krasno, and Owundinjo is a law firm featuring a team of experienced lawyers that can get you the workers’ compensation benefits you deserve. Please contact us via our website or by calling (866) 948-9088. We will charge you no fee, unless we win.