How to Get Workers’ Comp for Tendonitis in Massachusetts

Many workers in Massachusetts suffer from tendonitis because of their jobs. Fortunately, our lawyers can help you get Workers’ Compensation benefits if the tendonitis is work related.

Most workers can recover benefits for tendonitis if it keeps them out of work for five days or longer. Start by reporting your accident as soon as possible after discovering your tendonitis. If you are on the job, report it to your employer. If your employer did not file or your condition resulted from past employment, our team can help you file with the state. You must also have medical evidence of your tendonitis, so that we can prove it arose from performing your job duties. Because these claims are challenging, our team will be prepared to file an appeal if the insurance company denies it.

To get your free case review with our Workers’ Compensation attorneys, contact the Law Office of John J. Sheehan today at (617) 925-6407.

How Can I Recover Workers’ Compensation Benefits for Tendonitis in Massachusetts?

Most employers in Massachusetts must carry Workers’ Compensation insurance coverage for their employees’ welfare in the event the event they suffer work-related injuries, according to Mass. Gen. Laws Ch. 152, § 25A. Workers with tendonitis who qualify as an “employee” will typically be eligible for benefits if the condition arises out of the course of their employment and prevents them from working for five or more calendar days under § 6.

Tendonitis is an inflammation of a tendon, a common injury for those whose job requires repetitive motion or has workstations with poor ergonomics. The repetitive stress on tendons can lead to pain, swelling, and limited motion in an extremity. Since tendonitis usually develops over time, linking it to your work can be challenging.

Our Workers’ Compensation attorneys in Massachusetts can help by obtaining evidence showing that your tendonitis is work related and appealing your claim if denied. To get benefits, though, you must report your injuries in time and get examined by a doctor chosen by your employer’s insurer. Then, seek treatment from your own providers to support your claim and distinguish your current injury from any pre-existing conditions. Our team can also have experts provide reports if more information is needed to establish the cause of your tendonitis.

Report Your Tendonitis

As soon as you suspect that you have work-related tendonitis, you should report it to your employer. Once the alleged injury is reported, the employer has seven days, not counting Sundays and holidays, from the fifth day your injuries keep you out of work to file Form 101, an “Employer’s First Report of Injury, Illness or Death.” After the Massachusetts Department of Industrial Accidents (DIA) and the employer’s insurer receive notice, your claim will be underway.

Perhaps your employer failed to file a report within 30 days of being notified, maybe because they did not believe your tendonitis was work related or simply forgot. In any case, you can file Form 110, “Employee’s Claim,” with the DIA on your own and provide a copy to your employer’s insurer.

Tendonitis is not a sudden injury, like a broken bone, and is typically not caused by one particular event. As such, some people might not realize their tendonitis is related to their current or former employment. Fortunately, § 41 provides employees four years from the date they discover the causal relationship between their tendonitis and their job.

Get Medical Examinations

Your employer’s insurer has the right under § 45 to request that you submit to an independent medical examination by a physician they pay for after reporting your tendonitis. However, you also have the right to have your own physician present at the exam, albeit at your own expense. If a request for an evaluation is refused, the insurer will deny the claim. Employees whose tendonitis prevents them from working for a significant amount of time should be aware that an insurer can request independent exams once every six months and suspend benefits if they refuse.

You will want your own providers evaluating your tendonitis and might need to see several to get a complete assessment. Your doctor will likely refer you to an orthopedic physician, who can take X-rays, MRIs, and other exams to diagnose you properly. They can also review the insurer’s doctor’s independent findings to ensure that they are considering your medical needs and not the insurer’s financial ones.

Gather Evidence for Your Claim

It is somewhat easier for insurance companies to deny Workers’ Compensation claims for tendonitis since proving the causal relationship between your injuries and work is challenging. Thus, evidence is crucial.

We will obtain medical records from any providers who treated you, as well as older records if you have past injuries that the insurer might put the blame on. Our team might also use evidence from your employer, like accident reports, company records confirming the nature of the work leading to your tendonitis, and equipment with inadequate ergonomics. In many cases, medical and vocational experts will need to explain how the type of work caused the tendonitis. The more evidence our team files with your claim, the more likely you are to recover benefits.

Appeal Denials

When an insurer denies a claim, they must tell the claimant in writing their reasons for the denial and your right to appeal. Many claims for tendonitis are denied because medical evidence is lacking. If we submit the required evidence, the insurer might approve the claim without having to file an appeal.

When they still deny or have not responded after 30 days, we can file an appeal with the DIA. The dispute process has several stages with the goal of both sides reaching a voluntary agreement before a legal hearing is necessary. We will be prepared for each phase, from conciliation to the Massachusetts Court of Appeals.