Elbow injuries that occur at work, either from a singular accident or from repetitive movements you do as part of your job, fall under workers’ comp. That said, insurance carriers may often try to deny benefits for an elbow injury claim.
Learn more about elbow injuries, including why these claims may be initially denied, common types of treatment and how an attorney may benefit your claim.
At Jay Trucks, our experienced workers' comp attorneys in Grand Rapids are deeply committed to ensuring employees injured on the job receive the benefits they need after suffering a work-related injury. Learn how we may be able to help in a case review that is both free and without obligation.
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Elbow Injuries Often Covered
When talking about elbow injuries, it is important to mention that, for the purpose of a workers’ comp claim, the elbow is considered part of the arm. Your hand, wrist and shoulder, however, are not. The reason this matters is that in a Michigan workers’ comp settlement, the value of an injured arm is greater than for a wrist or hand.
Common work-related elbow injuries include:
- Cubital tunnel syndrome
- Dislocated elbows
- Elbow fractures
- Ligament tears
- Tennis elbow
- Ulnar nerve damage
These injuries may impact your ability to work and cause increasingly worse pain. Some workers with elbow injuries may be unable to work without receiving treatment.
How Much Are Elbow Injuries Worth?
If your Michigan workers' compensation claim is valid and you opt for a workers’ comp settlement over weekly benefits, your injury will be valued based on certain factors:
- Location of the injury
- Type and extent of injury you sustained
- Whether your injury causes any type of disability
Bone fractures, for example, are worth more than a bruised bone. Fractures may sometimes require surgery, physical therapy and take longer to heal. Additionally, people with bone fractures typically develop some degree of arthritis in the injury later on. Other employees rated with a degree of permanency to their injury may be eligible for a larger settlement if their injury impacts their ability to do their job.
Why Some Elbow Injuries May Be Denied
Regardless of the injury, when seeking workers’ comp benefits, you must be able to show that the injury was the result of your job. This is easier to do if you suffered a one-time accident, such as a slip and fall that fractured your elbow. For others, who suffer a job-related injury over time, claims may be harder to prove and initially denied.
Repetitive Use on the Job
Many work-related elbow injuries are caused by overuse or repetitive use in jobs that require doing the same types of movements daily. Repetitive motion can put undue stress on joints and cause various types of injuries over weeks, months and years.
Insurance carriers often use the presence of arthritis to deny benefits to an employee, claiming that as the cause of their pain or disability. However, just because you have arthritis does not mean your elbow injury is not a legitimate work injury.
Proving Your Elbow Injury Happened at Work
Injuries that happen over time are harder to prove for a workers’ comp claim. Employees who are denied benefits for their job-related elbow injuries may benefit from hiring an attorney. Qualified workers’ comp attorneys will seek to overturn a denial. However, you must act quickly after receiving notice of a denied claim, or you could risk the opportunity to overturn the decision.
In addition to seeking legal help if you are denied workers’ comp benefits for your elbow injury, there are some steps you can take to help protect a potential claim:
- If you notice doing some job-related tasks, see a doctor immediately
- Tell your doctor what is causing your pain so it can be documented in your medical records as the reason for the injury
- Report the injury to your employer
- Follow your employer's requirements for workers’ comp - do not delay filing a claim
- Adhere to your treating physician’s plan of care and do not miss any appointments
Failure to follow doctor’s orders, including missing follow-up appointments, may impact your claim or stop your benefits. Your employer could argue that your injuries are not that bad since you are not continuing your care.
Seek Legal Help for Your Work-Related Elbow Injury
Having legal representation can help to ensure your rights are protected and you obtain the benefits you need.
At Jay Trucks, our dedicated attorneys work hard for our clients, as proven by our decades-long track record. We have recovered millions in compensation for our injured clients, including a $90,000 recovery for a 52-year-old factory worker with elbow tendinitis.
Find out if your claim is valid. Schedule a case review with a qualified attorney at our firm. This meeting is completely free and carries no obligation to hire our services. We can take your call 24/7, and if we represent you, there are no upfront costs.
Millions Recovered. Call: (800) 762-8623