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According to the National Academy of Social Insurance (NASI), nearly $60 billion was paid out in workers’ compensation benefits in 2020.
Workers’ compensation is designed to provide financial and medical benefits to employees who suffer from work-related injuries or illnesses.
Of these conditions, chronic pain is now being recognized more than ever as a debilitating condition, one that can be caused by a variety of occupational hazards. Below, we’ll explore workers’ compensation for chronic pain, how it’s typically addressed, the challenges involved, and the steps injured workers can take to seek support.
It’s important to remember that workers’ compensation is managed at the state level (unless you’re a federal employee). So, specific regulations can vary by state.
The Federal Employees’ Compensation Act (FECA) provides compensation benefits to federal civilian employees and their families.
What Is Chronic Pain?
Chronic and acute pain are different in terms of persistence, as the former continues beyond the normal healing period of an injury. Acute pain typically ends at some point.
Things like repetitive stress injuries, accidents, or pre-existing conditions that are aggravated by workplace activities can all lead to chronic pain. Common examples include back pain, joint pain, and nerve pain. These are conditions that are often made worse by extended periods of sitting, heavy lifting, or repetitive motion.
Workers’ Comp and Persistent Pain
Workers’ compensation recognizes that chronic pain can impact an employee’s ability to work as well as their overall well-being.
Employees who are experiencing chronic pain must show a clear causal connection between it and their work activities. Documentation from health care professionals is typically required, detailing the injury, progression, and its impact on your ability to work.
To dispute a claim, employers must provide thorough medical evidence to invalidate the connection between work duties and the employee’s chronic pain.
Types of Chronic Pain Covered
Chronic pain can result from many types of work-related injuries and conditions. Workers’ compensation typically recognizes the impact these conditions can have on an employee’s ability to perform their duties and covers these.
Some of the most common types of chronic pain that may be covered by workers’ compensation include:
- Back pain
- Joint pain
- Carpal tunnel syndrome
- Neck pain
- Nerve pain
- Headaches & migraines
- Tendonitis
- Fibromyalgia
Medical Treatment and Rehabilitation
A comprehensive approach is required for the effective management of chronic pain, often including multiple types of medical treatments and rehabilitation techniques. Workers’ comp usually covers the cost of interventions designed to alleviate pain, improve physical function, and facilitate recovery.
Some common treatments and rehabilitation styles for chronic pain include:
Physical Therapy
This is a cornerstone of most pain management techniques. Physical therapy (PT) typically involves exercises that are designed to improve mobility, strength, and flexibility. Physical therapists will develop a personalized treatment plan that addresses specific causes of chronic pain. These focus on relieving pain, improving related functions, and avoiding additional injuries. Common techniques include manual therapy, stretching, strength exercises, and treatments like heat, cold, and electrical stimulation.
Medications
Medicines, of course, also play an important role in dealing with chronic pain. Depending on the severity, type, and location of the pain, medical professionals may prescribe:
- Nonsteroidal anti-inflammatory drugs (NSAIDs)
- Analgesics (painkillers)
- Antidepressants
- Anticonvulsants
- Opioids
- Topical analgesics
Chiropractic Care
Chiropractic therapies involve manipulation of the spine and other joints to reduce pain and improve function. Chiropractors correct the alignment of the spine and musculoskeletal system to help alleviate pain, especially pain centered in the back and neck. These treatments can be a useful component in comprehensive pain management.
Cognitive Behavioral Therapy (CBT)
Chronic pain often has a significant impact on a worker’s mental health and can lead to depression, anxiety, and stress. Cognitive Behavioral Therapy (CBT) can help manage the psychological aspects associated with chronic pain, according to the American Psychological Association (APA). CBT encourages patients to change negative thought patterns and unhelpful behaviors that are related to their pain. It teaches practical coping skills aimed at improving the patient’s overall mental well-being.
Occupational Therapy and Rehabilitation
Occupational therapy is designed to improve the ability to perform daily activities and work tasks for those who suffer from chronic pain. Therapists teach pain sufferers practical strategies to modify work tasks and may recommend ergonomic workplace changes.
These rehabilitation programs aim to help workers restore pre-injury functionality and allow a successful return to work. This often includes some combination of physical therapy, occupational therapy, pain management techniques, and mental and emotional support tailored to the individual’s specific needs.
Surgical Interventions
Sometimes, the limits of conventional treatments just can’t provide the necessary relief, and surgical interventions must be considered. Surgery can often address the underlying cause of a worker’s chronic pain, things like herniated discs, damaged joints, or compressed nerves. The most common of these procedures include spinal fusion, replacement of joints, or decompression surgeries.
Vocational Rehabilitation
When a worker’s chronic pain leaves them unable to return to their previous duties, vocational rehabilitation programs can offer retraining and skill development opportunities. These programs aim to improve their chances of getting hired by teaching new skills or improving on previous ones, helping with job placement, and counseling on vocational opportunities and strategies. Workers’ compensation for chronic pain often covers vocational rehabilitation services to help workers overcome ongoing physical limitations and successfully return to the workforce.
Legal Considerations and Advocacy
Claims related to chronic pain can be extremely challenging because of the subjective nature of pain and the high risk of misinterpretation. Insurance companies scrutinize claims closely in an effort to minimize payouts or dispute the causation of pain.
Workers will sometimes encounter delays in receiving much-needed benefits and must be persistent when navigating the claims process and gathering necessary medical evidence.
Experienced legal expertise can be critical in successfully navigating your state’s workers’ compensation laws regarding chronic pain. Workers’ compensation attorneys specialize in workplace injuries and can provide invaluable support by negotiating settlements, representing injured employees in disputes, and fighting for fair compensation.
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This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of personal injury and work injury cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.
