Occupational injuries are the second type of work injury covered by Wisconsin law. Your work activities over time – even over the course of one day – cause an injury, but you cannot identify a specific moment in time when the injury occurred. Another way of describing it is that your job duties are hurting your back, neck, shoulder, knees, or other body parts, and making them worse. Examples include:
Very often, you are in significant pain at the end of the day, or you wake up the next morning and can’t get out of bed or move a body part. If you believe that your work activities over time have caused your injury, it is critical to describe your work activities to your doctor and ask them to put that in your medical record.
Pre-existing conditions do not prevent you from claiming a work injury. If your work activities over time aggravate a pre-existing condition beyond normal progression, you can still claim Wisconsin worker’s compensation benefits. If the aggravation is permanent or accelerates the condition, the entire condition becomes work related and benefits are payable.
Worker’s compensation insurance companies will deny your claim unless your doctor specifically states in your medical records that your work activities over time caused an injury or aggravated a condition. Even when your doctor provides an opinion that you have a work injury from your job duties over time, the carrier will usually get an “Independent Medical Exam” (IME) or “Independent Record Review” disputing that determination. There is nothing “independent” about those doctors. They are paid to provide opinions for insurance companies. If your claim has been denied based on an IME or a medical record review, call us today for a free consultation.