Workers afflicted with chronic pain are entitled to workers’ compensation benefits if the injury is associated with job-related activities.
Unfortunately, employers and workers’ compensation insurance companies can be skeptical of claims for benefits related to lingering pain that just won’t go away following a surgery or medical treatment.
You can overcome this skepticism, especially with documentation of your injuries, medical evidence, and an honest, consistent explanation of your symptoms. If you are afflicted with chronic pain and your job puts you in a position to either aggravate that condition or even cause it, you are entitled to workers’ compensation benefits under Illinois law.
Individuals who suffer from chronic pain syndrome know all too well that it has very real symptoms that can limit their ability to work and function day-to-day. The pain can last for years or even a lifetime. Employees are sometimes able to return to work and live with the pain. But sometimes the pain is so debilitating that it prevents a return to the job.
Chronic pain has various manifestations. For example, Complex Regional Pain Syndrome (CRPS) relates to a chronic neurological condition where the nervous system functions abnormally after an injury. Measurable symptoms include skin temperature changes, skin color changes, stiffness and swelling in affected limbs, or a decreased ability to move an affected part of the body.
CRPS is often associated with cramping, shooting pain or constant pain, and can result from or be aggravated by a work-related trauma. The types of injuries often related to CRPS are: herniated or ruptured discs in the vertebrae; carpal tunnel syndrome; amputation of a body part; torn ligaments; torn cartilage; or traumatic brain injuries.
No cure for CRPS exists, but it can be treated with medication and various forms of physical therapy.
While chronic pain is often associated with CRPS, it can also be present without it. Chronic pain absent a diagnosis of CRPS is often tougher to prove because it isn’t always visible or measurable.
One form of chronic muscle pain is known as Myofascial Pain Syndrome (MPS). In most cases, MPS is felt in areas of the body not associated with the original injury or muscle strain. A large, dramatic injury is not required to cause MPS.
The original site of the injury or strain is known as a trigger point. The referral pain is the discomfort that travels down nerve pathways and is experienced beyond the trigger point. MPS can be caused by a number of factors, including excessive muscle strain, an injury to a muscle or generalized area, or strained ligaments or tendons. Typical injuries related to MPS include: back strains or injured discs; repetitive motion conditions; immobility of a muscle group; acute work injuries; or a sports injuries (e.g., tennis elbow).
Work-related MPS can occur if a worker has a predisposition to developing trigger points when engaged in certain activities, such as repetitive lifting on the job, prolonged bending over a desk or work area, or sitting in a chair with poor back support or arm rests not calibrated to a proper height.
For answers to questions about your Illinois workers’ compensation benefits, including chronic pain and your right to benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.
