Repetitive Elbow Injuries or Common Overuse Elbow Injuries and Workers' Compensation

A work injury is not always caused by acute trauma. In many cases, work injuries occur over time from repetitive use or repetitive motion. Individuals who perform jobs that require repetitive lifting, and/or gripping/grasping such as –painters, plumbers, carpenters, butchers, cooks, mechanics, etc., are at an increased risk of developing repetitive elbow injuries such as lateral and medial epicondylitis. Moreover, these elbow conditions can also develop from repetitive movements involving prolonged extension of the wrist or hand, such as repetitive use of a keyboard and mouse.

Lateral Epicondylitis – Tennis Elbow

Lateral epicondylitis (tennis elbow) is aninflammationof the tendon located on the outside of the elbow connecting the elbow joint to the forearm muscles that extend the wrist and fingers. Overuse of this muscle and joint from repetitive typing, lifting, or gripping/grasping, can cause irritation and inflammation of the elbow tendons. Symptoms of lateral epicondylitis usually worsen gradually.common symptoms include soreness, tenderness, weakness, swelling, and pain radiating to the forearm. Individuals with tennis elbow also experience reduced grip strength and pain when gripping or grasping. Because tennis elbow paintends to flare up during repetitive arm, wrist, and elbow work, you may notice it hurts if you do lots of heavy lifting.

Medial Epicondylitis – Golfer's Elbow

Medial epicondylitis (golfer's elbow) is a condition in which the bony bump at the inside of the elbow is painful and tender. The pain of golfer's elbow may appear suddenly or gradually. Symptoms of golfer's elbow includepain, swelling, stiffness and/or tenderness, weakness in the hands and wrists, and numbness or tingling that radiates into one or more fingers. Overuse of the muscles and tendons of the forearm and elbow are common causes of medial epicondylitis (golfer's elbow). Repetitive activities such as, shoveling, chopping, use of tools that require forceful gripping (i.e. hammer, wrench, screwdriver) andheavy lifting can cause medial epicondylitis. Work injuries due to repetitive trauma are almost always denied by workers' comp insurance providers. That is why it is important to retain an experienced workers' compensation attorney to fight for the maximum amount of workers' compensation benefits that you are entitled to under Illinois law. If you are denied workers' compensation benefits for any reason, it is important that you retain an experienced and knowledgeable Illinois workers' comp attorney who will aggressively fight for your benefits.Contact the attorneys at Woodruff Johnson & Evans. We work hard for hard-working people.

Walking, Kneeling, Reaching and Other Ordinary Daily Activities Can Lead to a Work Injury

The Illinois Supreme Court recently issued a decision that adds protection to workers who are hurt at work while performing everyday activities such as walking, kneeling, reaching, and standing.

Adding Insult to Injury: Getting Hurt Then Getting Fired.

In these difficult and uncertain times this country is facing, many people have lost or are in fear of losing their jobs. Also, as the job market begins to open back up, many people are looking for new and better job opportunities. If you are one of those people and are also currently involved in a workers' compensation claim, a change in your employment status could raise many questions or concerns.

Workers' Compensation Benefits After Termination

If I am terminated from my employment, will I continue to receive workers' compensation benefits?Must I continue to work for my current employer to continue to get workers' compensation benefits?If I find a better job opportunity, will I still be entitled to a settlement?In Illinois, if you sustain a work-related injury, you are entitled to three distinct benefits. Those benefits are: payment of medical expenses, lost wages, and permanent partial disability benefits. If the work injury requires medical treatment, the workers' compensation insurance carrier is responsible for 100% of the medical expenses related to your work injury. You are not required to pay co-pays, deductibles, or any amount out of your pocket for medical expenses. If the injury requires you to miss work or if your employer is not able to accommodate your light-duty work restrictions, you are entitled to 2/3 of your gross pay.

Lastly, once you are done treating and have been released by your treating doctor, you are entitled to a settlement or an award from an Arbitrator for any permanent disability caused by the work injury. Generally speaking, your entitlement to these benefits is not impacted if you are terminated from your employment or if you decide to seek employment with a different employer. However, as is most often the case with legal rules, there are some exceptions. If you are terminated from your employment or seek employment elsewhere during the pendency of your workers' compensation claim, the medical expenses you incur for your work-related injury will still be covered by the insurance company.

Employees are often faced with various risks at their places of work. For example, those working in factories are at risk of being exposed to harmful chemicals. If such happens, you can hire a workers compensation attorney Champaign, IL to seek damages.

Types of worker's compensation claims

1. Falls, slips, and trips

Injuries that occur while working from home are covered by Workers' Compensation.

In Illinois, when you are hurt at work, or if you are injured while working from home, you are entitled to the benefits and protections of the Illinois Workers' Compensation Act.

Illinois law requires an employer to pay for all medical care and treatment, lost wages, and compensation for any permanent impairment or disability suffered by the worker. In order to be entitled to those things, one must be able to show that they were injured while working from home "in the course" of their employment and that the injury "arose out of" their employment.

The term "in the course of" one's employment, in the most general sense is injuries occurring on the employer's premise while performing the employer's work during regular work hours. However, the definition of workplace and work hours is changing.

We are now in an era of more employees working from home then ever before and still more contemplating such a change. For those people who are working from home, and who are injured, how do we determine if they are injured "in the course of" their employment and "arising out of" their employment.

Many of the criteria for the commuter are exactly the same as those for the home worker. For example, did the injury occur during those hours that your employer would have reasonably anticipated you to be working?Can you show that you were engaged in meaningful work for the employer just prior to the injury occurring?Did the injury occur while performing a task for the employer?

Still further, can you establish that the injury "arose of the" employment?Was it your printer that fell on your foot and fractured it or your toaster oven?Were you injured lifting the box of files your boss shipped to you for review or the box of your favorite wine Amazon delivered?

If an injury does occur while you are working from home, and is in any way connected to your work, it is important to report the injury to someone in a supervisory position at your employer as soon as possible. To capture proof of the reporting, provide it in writing and/or by way of email. Also, when seeking medical care and treatment describe with specificity how the injury occurred and what items caused it.

Many people have either chosen to or have been asked to work from home during this pandemic. While such an arrangement can frequently benefit both employer and employee, that does not mean the employee gives up the rights and protections of the Illinois Workers' Compensation Act.

Cases We Handle:
Personal Injury
Workers' Compensation

Contact our team to schedule a free consultation with one of our experienced and compassionate attorneys. If you have been injured while working from home call us at: 630-585-2320 or contact us online to schedule a no-cost, no-obligation consultation today.