Can a severe case of tendinitis be filed as a workmer’s comp claim?

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Can a severe case of tendinitis be filed as a workmer’s comp claim?

My doctors said this is work related and to file workmer’s comp. My employer however says this is not a work injury. It maintains that is just tendinitis which can occur from anything at any time and the work just made it flare up not actually caused the condition. I have never had anything wrong with my hands and now I do and have to go to PT and possibly injections and maybe even MRI. Work says I have to pay all out of pocket and my insurance has not kicked in yet. What can I do?

Asked on April 26, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Chronic conditions can be filed as worker's comp claims.  Worker's comp claims are not limited to a specific event linked to a specific injury (like cutting your hand with a cutting blade).  Many employees have been successful over the years with repetitive stress injuries.  However, the TWCC will eventually be the one to decide if your injury qualifies as a valid claim.  If your doctor is saying that it's work related and you've never had an issue before, you have a fairly good shot at qualifying.  You may be required to submit to a second opinion, though, if your employer disagrees with your doctor's assessment.  The bottom line is that if you don't file the claim, you'll never really know if they will accept the claim.  You may also want to visit with a worker's comp attorney or personal injury attorney before or right after you file the claim if you have a sense that your employer is going to give you a hard time.  Comp claims cost employers money-- either in higher premiums or loss of productivity.  Even though they are not supposed to retaliate for the filing of a claim, many frustrated supervisors tend to do so.  An attorney can make sure that your comp application is processed correctly and that your employer follows the worker's comp rules.


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