By William R. Cahill, Jr.
The Event
The injury may occur after a specific incident such as lifting a box or climbing out of the cab of a truck or it may occur over time after months and years of repetitive movement while working. Both situations are compensable if a physician gives the opinion that there is a connection to what occurred at work and the injury complained of.
If your job requires constant grasping of small light items and you feel increased pain in your forearms over time then the doctor may attribute your condition to the repetitive tasks you perform five days a week, 8 hours a day.
In a perfect world you would notify your employer during the shift that you feel pain after performing a task associated with your employment whether it be a specific incident or after, for example, unloading a pallet of product. It is not your job to diagnose the specific condition.
Obviously if you fall off a loading dock and a bone is protruding from your arm you have a pretty good indication that a fracture is involved. On most occasions though, a sore shoulder, for example, may be a muscle strain, a rotator cuff injury or numerous other injuries.
You report the Pain, let the doctor Diagnose the Cause.1
In any event, do not leave the "scene" without reporting the pain to a supervisor. If the business is closed, leave a message and contact your Union Steward and inform him that you attempted to notify the employer. Do not hesitate to seek medical attention and notify the provider that the injury occurred at work.
If it is a minor injury, then it will heal and you will be able to return to work, but the incident will be a matter of record in case it is more serious than you or your doctor thought during the first encounter.
Why Go Through the Trouble of Reporting
Many members ask why go through the trouble of reporting what appears to be an injury that is minor. Why not just work through it?
First of all, it is the law, and secondly, it is the best way to protect yourself, your family, and your job. The employer will often cite that the employee did not timely report the injury and, therefore, deny the claim whether it is submitted for medical only or includes indemnity benefits.
Although the law may allow a longer reporting time, the employer/insurer generally takes the position that they always want to know as soon as the injury occurs. Again, most state laws do not require "immediate" notification, but if you chose not to notify the employer/insurer and the injury does not go away, it is not unusual to be denied indemnity benefits if you are out of work.
If the injury is timely reported and there is medical documentation supporting the claim it is extremely difficult for the employer/insurer to contest the claim, although they still have the right to. A compensable claim may afford you to some, if not all of the following benefits, depending on the severity and the extent of disability as a result of your work related injury:
- Indemnity benefits (a portion of your weekly earnings, generally 60%)
- Permanent Impairment (if the injury qualifies under the AMA Guidelines)
- Vocational Rehabilitation (if you cannot return to your former job)
- Medical treatment (for the accepted injury)
- Lump Sum Settlement (under some circumstances)
As always, when meeting with the physician, restrict your conversation to: tasks required of you at work, how the pain or injury occurred, and that you believe it is a work-related injury. This should be reflected in office visit notes which should be available within several days.
Union Stewards, Business Agents and attorneys are all resources at your disposal when you have an industrial accident, otherwise referred to as a work-related injury. Do not hesitate to contact these resources and do not hesitate to report an injury regardless of how minor.
Do not attempt to offer the employer a diagnosis of your injury, simply state where it hurts and describe the hazard of the job that preceded the injury.
For example, lifting an object for the employer is a "hazard of the job" or repetitive tasks may be a "hazard of the job." Although the workers' compensation statute may seem straight forward there are many situations that require specific knowledge of recent case law in order to secure benefits.
The next article will touch upon pre-existing conditions which can raise additional issues for the claimant.
1As stated in previous articles, the information below is not state specific and you should consult with an attorney when confronted with an industrial accident or work related injury or disease. This article will cover portions of the previous material presented because so many Union Workers make critical mistakes prior to asking for help.
This article was submitted by William R. Cahill, Jr., of Dumont, Morris, and Burke, PC., 14 Beacon St., Ste 300, Boston, MA. Attorney Cahill was formerly a principal officer of a Teamster Local and has been practicing law in MA and NH since 1996/1997 respectively. He received an Honorable Discharge from the Massachusetts State Police after 26 years of service to the Commonwealth.