Unfortunately, wear and tear claims are rarely cut and dry. On the contrary, they can be very difficult to prove, which is why engaging a workers compensation lawyer from DJD can greatly improve your chances of a successful wear and tear claim outcome. Let’s explore some of the challenges you may face when it comes to filing a workplace wear and tear claim.

Preexisting or Degenerative Findings vs. Work Causation

Medical imaging reveals typical age-related wear and tear on body parts. Insurance companies maintain that work-related activities do not lead to the development of degenerative conditions. The wear and tear claims evaluation process requires more than proof of degeneration to move forward. State laws vary, but often require you to prove that work activities caused at least fifty percent of your disability or medical care needs. Medical experts are needed to thoroughly evaluate and document work-related wear and tear injuries, showing how work activities affected your health.

Late Reporting, Treatment Gaps, and Credibility Issues

Late reporting, together with gaps in medical care, can create doubts about your wear and tear claim. You need to explain any delays in medical treatment and document when you first discovered the connection between your condition and work. These reports should be consistent. Be sure to follow prescribed care, including physical and occupational therapy. Small consistency errors can be used to deny wear and tear claims. Your documentation can be your protection.

Disputes Over Restrictions, MMI, and Return-to-Work

Maximum medical improvement (MMI) marks a point when further recovery is unlikely. The process of reaching MMI and establishing permanent restrictions and return-to-work eligibility can sometimes create disputes between parties. The AMA Guides serve as the basis for impairment ratings which many states use, but their implementation process and version selection can differ between states. Vocational assessment may be necessary if permanent restrictions limit employability.

Navigating the complexities of workers’ compensation wear and tear claims doesn't have to be daunting. A workers compensation lawyer from DJD can help streamline the legal process for your repetitive stress / wear and tear claim, allowing you to focus on your recovery while we fight for your future. With convenient locations across New Jersey, Pennsylvania, and New York, our dedicated team is ready to advocate on your behalf. Book your wear and tear claim consultation with a workers compensation lawyer from DJD and take the essential first step toward securing the benefits you deserve.