Can I Get Workers’ Comp for CRPS in Massachusetts?
While some workplace injuries heal, others are permanent, causing victims chronic and serious pain. In such cases, victims might be diagnosed with complex regional pain syndrome (CRPS), entitling them to Workers’ Compensation benefits in Massachusetts.
If your CRPS diagnosis was traced back to a recent workplace accident, you should be covered by Workers’ Compensation. Employees with CRPS or similar diagnoses might struggle to get their Workers’ Compensation claims approved. To increase your chances of approval, our lawyers will organize evidence of the original accident and your initial injuries and show how those injuries caused you to develop CRPS. If you get hurt at work, report the accident to your employer. As you get treatment for your injuries, you can monitor your recovery and any additional diagnoses, such as CRPS. Information from throughout your medical treatment and additional evidence can confirm your eligibility for Workers’ Compensation because of your CRPS in Massachusetts.
To get a free assessment of your case from our Massachusetts Workers’ Compensation lawyers, call the Law Office of John J. Sheehan now at (617) 925-6407.
Can You Get Workers’ Comp if You Have CRPS in Massachusetts?
Workers’ Compensation covers most occupational illnesses, injuries, and disabilities, including CRPS in many cases. Our attorneys can review the reason for your CRPS diagnosis to confirm your eligibility for Workers’ Compensation in Massachusetts.
CRPS is chronic pain, typically in the arm or leg, that can impact certain injury victims. It’s more severe than the pain that typically accompanies certain injuries and could involve inflammation and discomfort lasting long periods. Complex regional pain syndrome has reflex might manifest differently in some victims, leading to similar diagnoses that qualify workers for benefits.
Suppose a workplace accident hurt you, causing you to develop CRPS and experience chronic and long-lasting pain that prevents you from working. In that case, you can submit a claim for Workers’ Compensation benefits in Massachusetts. When processing your claim, your employer’s insurer will investigate whether or not you were initially hurt at work. CRPS will only qualify you for Workers’ Compensation if it is due to an occupational accident or injury.
If you get Workers’ Compensation because of your CRPS diagnosis, your specific benefits will depend on the level of your disability and your income prior to the workplace accident.
Why Might Workers’ Comp Claims for CRPS Get Denied in Massachusetts?
CRPS often develops after an injury or trauma, such as a workplace accident. If you can’t show that your CRPS is due to a work-related incident and not some other event, your employer’s insurer might deny your Workers’ Compensation claim.
Only occupational illnesses, injuries, or disabilities caused by an employee’s workplace duties can qualify them for Workers’ Compensation in Massachusetts. This includes CRPS if its root cause is a workplace accident. Many cases of CRPS are due to spinal cord injuries, broken bones, or deep lacerations to the arms or legs. These types of injuries might happen during serious workplace accidents, like those on construction sites. CRPS does not necessarily rear its head until days, weeks, or months after a workplace accident and might be confused for other pain or discomfort related to an injury.
Workers’ Compensation carriers might deny claims for CRPS when claimants cannot show that the condition was due to a workplace accident. Our Cambridge, MA Workers’ Compensation lawyers can compile your medical records showing that you were not diagnosed with CRPS prior to a documented work-related accident and that your current diagnosis is not because of a pre-existing condition or incident that happened outside of work.
We will also have to show that your CRPS diagnosis has prevented you from working. To help on this front, make sure that you report a workplace accident to your employer immediately after it takes place and that you receive medical care for as long as necessary to treat your injuries.
Getting Workers’ Comp for CRPS in Massachusetts
Although Workers’ Compensation covers CRPS caused by occupational accidents, victims must still prove their eligibility on a case-by-case basis in Massachusetts. We can help you do this by making sure you report the original accident to your employer, document your injuries with medical professionals, and bring your claim on time.
Report the Accident
Start by reporting your injuries to your employer. Though some victims might not feel the symptoms of CRPS immediately, they will likely have sustained other serious injuries in an accident first. Remember, CRPS is often preceded by physical trauma, like a broken bone or leg. When you first report an accident to your employer, you probably won’t be aware of your CRPS diagnosis, as that will come later. Regardless, tell your employer you were hurt at work as soon as possible. Your employer will then inform their Workers’ Compensation insurance carrier. If you need emergency medical treatment, call 911. This will likely lead to an incident report, which you should get a copy of.
Document Your Injuries
CRPS can be hard to diagnose. Medical professionals will do so by completing a physical examination of a patient and ruling out other conditions. For example, doctors might have you undergo X-rays, CT scans, or MRI imaging tests to confirm that you don’t have other conditions that could be causing your chronic pain, like arthritis or bone issues. After diagnosing you with CRPS, medical professionals might refer you to specialists to help you manage your pain. This can allow you to build medical evidence confirming your diagnosis and injuries, proving your eligibility for Workers’ Compensation in Massachusetts.
Bring Your Claim
Under Mass. Gen. Laws Ch. 152, § 41, employees with CRPS have four years to bring Workers’ Compensation claims in Massachusetts. This is longer than the normal statute of limitations to file a civil personal injury lawsuit, which is three years. While you will have four years to initiate your Workers’ Compensation claim, it is best to bring your claim sooner if you’re struggling with chronic pain and cannot work because of CRPS. Waiting will only lower your chances of recovering evidence necessary to show your employer’s insurer you are eligible for Workers’ Compensation because of your CRPS.
Call Our Workers’ Comp Lawyers in Massachusetts Today
Call the Law Office of John J. Sheehan’s Boston Workers’ Compensation lawyers at (617) 925-6407 to get help with your case.