Ask a Workplace Injury Attorney: Am I Eligible for Compensation for Chronic Pain Resulting from a Workplace Injury?

When you've been injured in the workplace, getting compensation for some things can be fairly simple if your company covers you with worker's compensation. However, some compensation is more difficult, like that for claims of chronic pain. A workplace injury attorney in Houston, TX can help you best, and you shouldn't delay in getting expert help if you need compensation for chronic pain.

Ask a Workplace Injury Attorney in Houston, TX: Am I Eligible for Compensation for Chronic Pain Resulting from a Workplace Injury?

Establishing Eligibility

To be eligible for compensation, you must first establish that the chronic pain is directly related to a workplace injury. This process involves several key steps:

Immediately Report the Injury

Reporting the injury to your employer within 30 days is required to preserve your right to workers' compensation benefits. Failure to report promptly may jeopardize your claim.

Seek Medical Attention

Visiting a healthcare provider as soon as possible is essential for both treating the injury and documenting it. Make sure to follow the doctor's recommendations and attend all follow-up appointments. If you don't follow your doctor's orders and develop chronic pain, it might be successfully argued that you would not have developed chronic pain issues if not for your own fault.

File a Workers' Compensation Claim

The employee or employer must file a claim with the DWC within one year of the injury. This formal process begins with the completion of the DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease.

Link the Chronic Pain to the Original Injury

Chronic pain claims must be substantiated with comprehensive medical evidence linking the pain to the original injury. This often requires testimony from medical experts who can confirm the causal relationship.

Independent Medical Examination (IME)

The insurance company may request an IME to verify the extent of your injury and chronic pain. It's important to cooperate here, but you won't want to submit to any testing without first contacting a lawyer who can ensure your rights are protected at each stage. Click here for more.

Challenges in Proving Chronic Pain Claims

Proving chronic pain claims can be challenging due to the subjective nature of pain, the difficulty of proving it in the absence of clearly ongoing injury, and the requirements of workers' compensation insurers. Chronic pain is often difficult to quantify, and insurers may argue that the pain is exaggerated or unrelated to the workplace injury.

If a worker had pre-existing conditions, such as degenerative disc disease or arthritis, insurers may also argue that the chronic pain is unrelated to the workplace injury. The medical evidence you bring must be compelling and directly link the chronic pain to the workplace injury, and this often requires extensive documentation and expert testimony.

Consult a Workplace Injury Attorney

Given the difficulties and challenges that come with chronic pain claims, you'll want an experienced workplace injury attorney on your side. An attorney can provide valuable guidance on your rights and responsibilities under Texas workers' compensation law, as well as assist you with the claims process, including the deadlines; gathering all the needed evidence; negotiating on your behalf and representing you in any disputes or in the courtroom; and protecting your rights throughout the process.

If you are suffering from chronic pain resulting from a workplace injury, there is hope for a successful outcome. The best thing to do is to keep careful records of your injury and its results, ​follow all procedures for reporting your injury to your workplace and to the state of Texas, and contact a qualified local lawyer who knows the laws and has experience negotiating successfully for injured workers.