Chronic Pain and Workers’ Compensation Claims in Virginia

Some individuals may continue to experience chronic pain following a work-related injury, even after they have attained maximum medical improvement (MMI). MMI indicates the stage at which no further medical intervention is counted on to enhance the patient’s condition.

Chronic pain means pain that lasts a minimum of three months from the initial manifestation of symptoms and cannot be alleviated by various treatment approaches or palliative care measures.

Common Forms of Chronic Pain

Below are several common forms of chronic pain that can result from a work-related incident or occupational illness:

Chronic Pain Syndrome (CPS)

CPS persists for more than a month following an injury. It frequently disrupts an individual’s daily activities and overall well-being. Additional issues associated with CPS include numbness, anxiety, sleeplessness, and tingling sensations in both the upper and lower extremities.

Complex Regional Pain Syndrome (CRPS)

CRPS is a highly severe and incapacitating disorder that arises when the nervous system responds to trauma by incorrectly sending persistent pain signals to the brain. CRPS frequently emerges after an injury to the upper or lower extremities.

This condition has the potential to cause chronic and profoundly debilitating pain in areas such as the neck, back, extremities, or all of those. The distress can persist for extended periods ranging from months to years, or even throughout an individual’s lifetime.

Fibromyalgia

Fibromyalgia presents as another type of chronic pain characterized by heightened sensitivity, intense pain even with minor touch, muscle spasms, and weakness in the limbs.

Problems Associated with Chronic Pain

Chronic pain can render an injured employee incapable of meeting job demands or carrying out daily activities. This condition can lead to limited mobility, restricted range of movement, and decreased strength as individuals try to avoid movements that set off intense pain.

Many individuals who were injured at work experience challenges with their chronic pain symptoms. For one, work injury victims with chronic pain frequently encounter doubt from their healthcare providers, employers, and workers’ compensation insurers. They may be charged with malingering, which means being accused of stretching the truth about their pain to keep receiving workers’ compensation benefits.

Additionally, medical practitioners treating individuals with chronic pain may attribute their symptoms to psychological or psychiatric causes, essentially suggesting that the pain is purely imagined.

Individuals enduring chronic pain may also resort to using narcotic medications for relief. However, the side effects of these drugs can make it unsafe for users to operate vehicles or machinery, potentially impeding their ability to commute to work or perform necessary job duties.

Chronic pain inevitably leads to emotional and mental anguish, interfering with concentration and diminishing one’s overall quality of life. This decline in life satisfaction may subsequently induce anxiety and depression, hindering a person’s capacity to work or carry out daily tasks effectively.

It’s imperative for injured workers struggling with chronic pain to actively advocate for a proper diagnosis of their condition. This is crucial for them to receive suitable treatment through workers’ compensation.

Medical professionals use a range of examinations to identify or rule out sources of pain. These may include different imaging techniques such as:

• X-rays to detect small fractures or loss of bone density
• MRIs to identify damage or abnormalities in soft tissue
• Ultrasound scans to rule out the presence of blood clots
• Blood tests to exclude the possibility of disease or inflammation as the underlying cause of pain
• Electrodiagnostic testing to evaluate the electrical activity of body parts and find out if nerves or pain receptors are being stimulated.

Can I Get Workers’ Compensation for Chronic Pain?

The short answer is yes if your chronic pain is from a work injury. Although chronic pain affects a considerable number of individuals, not all workers are eligible for their employer’s benefits due to this condition. To qualify, chronic pain must be a direct consequence of a work-related injury or illness.

For instance, if an employee is diagnosed with a condition such as lung cancer, diabetes, or arthritis, they must substantiate that the development of this illness is directly linked to their work.

A compensable injury or occupational disease may present itself in various ways, such as fractures, nerve damage, and illnesses arising from regular exposure to hazardous chemicals or materials. Diseases like asbestosis and mesothelioma may qualify if they developed from toxic exposure at work. Likewise, repetitive stress injuries like carpal tunnel syndrome may also be eligible.

Workers who endure chronic pain may receive workers’ compensation benefits to alleviate their suffering. This compensation aims to reimburse employees for expenses incurred due to missed workdays and medical bills.

To qualify for coverage, chronic pain must meet certain criteria to be considered eligible for workers’ compensation benefits:

• It must be a consequence of an injury or illness that happened within the workplace during the period of employment.
• The injury should have occurred to an employee, not a vendor or independent contractor.
• The injury should result in impairment, loss of income, or both.

To obtain proper compensation for a workplace injury leading to chronic pain, it is essential to obtain a diagnosis from a qualified medical professional. You’ll also need a worker’s comp lawyer to help prove that your chronic pain meets the above criteria.

Get Help from a Virginia Workers’ Compensation Attorney

Are you currently struggling with chronic pain as a result of a work-related injury or occupational illness? Workers’ compensation can cover essential treatments to alleviate your suffering and reimburse some missed income.

In Virginia, you can take the first step by contacting Slominski Law. With over 25 years of experience and numerous ideal outcomes, we are a go-to workers’ comp firm for many Virginian workers. Schedule a consultation by reaching out to us at (434) 205-9894 (Lynchburg) or (540) 307-8478 (Roanoke).