Learn about your right to NC workers’ comp if you’re suffering from arthritis caused by your job duties and how you can maximize your compensation
Arthritis is a painful condition affecting millions, and for North Carolina workers, it can be a hidden occupational hazard. Repetitive motions, heavy lifting, and other job-related strains can lead to occupational arthritis, characterized by joint inflammation, pain, and stiffness.
Fortunately, many North Carolina workers qualify for workers’ compensation benefits covering medical care, lost wages, and rehabilitation. This article will help you determine if your arthritis is work-related and guide you through the workers’ comp claims process to secure the benefits you deserve.
What is occupational arthritis?
Arthritis is an umbrella term for conditions affecting joints, often disrupting daily life. According to the U.S. Centers for Disease Control and Prevention (CDC), an estimated 53 million adults in the U.S. have arthritis, with numbers expected to rise.
Different types of arthritis affect joints in various ways:
- Osteoarthritis (OA) is the most common. It’s caused by cartilage breakdown, often affecting the knees, hips, hands, and spine. This is the form commonly associated with occupational arthritis.
- Rheumatoid arthritis (RA) is an autoimmune disorder causing the immune system to attack joint linings, often affecting hands, wrists, knees, and feet.
- Gout is caused by uric acid buildup and often starts in the big toe.
- Psoriatic arthritis is linked to psoriasis and affects fingers, toes, knees, and the spine.
- Ankylosing spondylitis affects the spinal cord and reduces flexibility in the back.
Occupational arthritis is a term used to describe arthritis that is a direct result of a worker’s job duties.
Early recognition and intervention, such as ergonomic adjustments, protective equipment, and medical treatment, are crucial for managing symptoms and preventing further damage. Understanding how your work might cause or exacerbate pre-existing arthritis is key to seeking appropriate treatment.
What are the symptoms of arthritis?
The main symptoms of arthritis include persistent joint pain, stiffness, and swelling, which can worsen with activity or inactivity. Arthritis can also lead to decreased range of motion and general fatigue, impacting daily tasks and productivity.
What occupations cause arthritis?
Certain occupations are more likely to cause or exacerbate arthritis due to repetitive movements, heavy lifting, or prolonged strain on joints. Some of these occupations include:
- Farmworkers
- Delivery drivers
- Janitors and maintenance workers
- Professional athletes
- Office workers
This is not an exhaustive list, as many occupations involve tasks that can contribute to the development or worsening of arthritis. If you work in an industry that involves repetitive tasks that you believe are responsible for your arthritis symptoms, it’s important to seek medical treatment to prevent your condition from worsening and to get an official diagnosis, which will be essential to a workers’ comp claim.
Frequently Asked Questions About North Carolina Workers’ Compensation
Get work injury answers and insights from our board certified workers’ compensation specialist.
Is osteoarthritis considered a work-related injury?
Yes, osteoarthritis can be considered a work-related injury if job activities significantly cause or worsen the condition. Though typically a degenerative joint disease from wear and tear, if work-related activities contributed to its development or exacerbation, it may qualify as a work-related injury.
Factors that may contribute to work-related osteoarthritis include:
- Repetitive movements. Performing the same joint motions repeatedly, such as typing or assembly line work, can lead to joint stress and inflammation.
- Heavy lifting. Frequently lifting heavy objects places excessive strain on joints, increasing the risk of arthritis.
- Prolonged standing or sitting. Long periods of standing or sitting in the same position can cause joint stiffness and discomfort.
- Sustained awkward postures. Maintaining awkward or static postures, such as bending or twisting, can lead to joint stress and damage.
- Vibration. Using vibrating tools, such as jackhammers or power tools, can also contribute to joint damage and arthritis over time.
How do I prove arthritis is work-related?
Proving that arthritis is work-related involves demonstrating a clear connection between your job duties and the development or worsening of your condition. Some key steps to establishing this link include:
- Medical evidence. Obtain a medical diagnosis from an employer-approved doctor linking your arthritis to work activities, including detailed medical records and doctor’s statements. This should also include any independent medical examinations that support your claim.
- Work activity documentation. Provide records of job tasks and schedules, detailing daily activities, task frequency, and specific instances contributing to arthritis. This comprehensive documentation will illustrate the strenuous nature of your work.
- Duration of employment. Document how long you have performed tasks that may have led to arthritis, emphasizing long-term exposure. The longer the exposure, the stronger the connection to your condition.
- Exclude non-work-related factors. Prove other activities or pre-existing conditions are not the main causes by providing relevant evidence. One way to do this is to document how often and intensely you engage in these activities compared to your work duties. If your job involves far more repetitive strain or joint stress than your hobbies, this can further support the claim that work is the main cause of your arthritis.
Because proving that a repetitive stress injury like occupational arthritis is work-related can be rather complicated, it’s highly recommended that you consult a workers’ compensation attorney for guidance and support, especially if your claim is disputed. An attorney can help gather the evidence you need to navigate the legal process effectively.
How To Appeal a Denied Workers’ Comp Claim in NC
A guide to help workers navigate the appeals process after a denied workers’ comp claim in Charlotte.
What benefits can I get from workers’ comp in NC?
Workers’ compensation in North Carolina provides certain types of benefits for employees with work-related injuries, illnesses, or diseases. Below are the key benefits you may be entitled to:
- Medical benefits, which cover expenses related to the diagnosis, treatment, and management of arthritis.
- Wage replacement benefits, which provide payments to compensate for lost wages if you are unable to work or need to reduce your hours due to your condition. These benefits typically amount to two-thirds of your average weekly wages.
- Vocational rehabilitation benefits, which can assist with job retraining or placement if your arthritis prevents you from being able to return to your previous job.
- Permanent disability benefits, which provide compensation for the long-term impact on your ability to work if you experience a permanent, irreversible loss of function.
Please note that most North Carolina businesses with 3 or more employees (not independent contractors) must carry workers’ compensation insurance to provide benefits for workers who are injured at work or develop an occupational disease due to their work duties or environment.
If you’re unsure if you qualify for these benefits, reach out to a local Charlotte work injury attorney who can help determine your eligibility.
How to file for workers’ comp in NC
As you can probably see by now, filing a workers’ compensation claim for a work-related injury or condition like arthritis can be complex. After seeking a diagnosis and treatment from an employer-approved physician, the next crucial step is to inform your employer of your injury in writing within 30 days. Prompt reporting is essential to ensure your claim is considered and to comply with legal requirements.
Next, you’ll need to start the claim process by submitting Form 18 to the North Carolina Industrial Commission. This should be done as soon as possible, but no later than 2 years after your injury.
Send 2 copies to the NCIC, 1 copy to your employer, and keep 1 copy for yourself. This documentation, along with medical records and a detailed account of your job duties, helps build a strong case for your claim.
The insurance company should provide written notice of whether they accept or deny your claim within 14 days of receiving your Form 18. This response will determine the next steps in your claims process.
If you want help gathering evidence to support your claim or if your claim is denied, reach out to a workers’ compensation attorney who can help protect your rights and get you the benefits you deserve.
Contact a skilled Charlotte, NC workers’ compensation lawyer today
Navigating workers’ compensation claims can be more complex than anticipated. Partnering with an attorney from the outset can help you prevent claim denials and ensure you receive the compensation necessary for your recovery.
At Wilder Pantazis Law Group, our skilled Charlotte work injury attorneys bring over 85 years of combined experience to assist workers in North and South Carolina in securing maximum compensation for their injuries. We provide free initial consultations and operate on a contingency fee basis, meaning you pay nothing unless we win your case.
Reach out to us today for your free, no-obligation consultation and learn how we can help you get the workers’ comp benefits you deserve.
References
CDC. (2024, June 7). Arthritis. Chronic Disease Indicators. https://www.cdc.gov/cdi/indicator-definitions/arthritis.html