Q: Are wear/tear injuries eligible for worker's compensation?
My employer (who uses Liberty Mutual for coverage) is saying that chronic and wear/tear injuries are denied by liberty mutual automatically and that you have to go on disability. Are you able to acquire benefits for an injury that was sustained over time and on the job?
A: Yes such injuries can be covered as an occupational disease type of injury. They are sometimes more difficult to prove but with the right medical providers and a little help you can win such cases. Notice w/i 30 days and proof of cause are the two main issues you must overcome.
1 user found this answer helpful
A: Yes. Repetitive trauma injuries are specifically accepted under workers' compensation. You have to prove that your husband actually engaged in a repetitious activity that was physically traumatic. You need to discuss the matter with an experienced workers' compensation attorney to go over the facts of the case. These types of claims are very fact specific.
1 user found this answer helpful
A: Do not believe them, they are an insurance company. However, repetitive trauma type of injuries are harder to prove, but not impossible. Your two main issues will be notice w/i 30 days of your injury date and cause. Cause will have to be proven by a medical provider who is familiar with how to state the cause of your injury with "evidence based medicine". Apply for both, disability and wc. If you paid for the disability (STD) insurance yourself you should not have to subrogate (share) the STD to the wc carrier according to a decision from the appeals panel, (written by your truly).
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