The steady, rhythmic motion of your job might feel harmless at first. A day of typing, a shift spent lifting boxes, or hours on an assembly line—these are the normal parts of earning a living. But over weeks, months, or even years, that repetitive strain can build into a persistent, painful condition: tendonitis. This inflammation of the tendons, the tough, fibrous cords that connect muscle to bone, is more than just a minor ache. It can become a debilitating work injury that affects your ability to perform your job and enjoy your life.
Many workers in Kentucky mistakenly believe that because their tendonitis developed gradually, it doesn't qualify as a legitimate work injury. They assume workers’ compensation is only for sudden, accidental events like a fall or a machine malfunction. This is a significant misunderstanding of Kentucky law. Repetitive motion injuries, often called cumulative trauma disorders, are absolutely recognized as work-related injuries, and you may be entitled to significant workers' compensation benefits.
Understanding your rights is the first step toward securing the support you need. This guide will explain how Kentucky’s workers’ compensation system addresses tendonitis, the steps you must take to file a workers’ compensation claim, and why partnering with an experienced workers' comp attorney can make all the difference in your case.
Recognizing Tendonitis as a Work-Related Injury in Kentucky
In the eyes of the Kentucky workers' compensation system, an injury doesn't have to result from a single, identifiable accident. The law acknowledges that the nature of certain jobs can cause wear and tear on the body over time, leading to serious medical conditions. Tendonitis is a classic example of this type of cumulative trauma.
According to the U.S. Bureau of Labor Statistics, musculoskeletal disorders stemming from repetitive strain are among the most common and costly occupational injuries nationwide. These injuries can force employees to miss substantial time from work and often require extensive medical treatment.
How Does Kentucky Define a Repetitive Strain Injury?
Under Kentucky Revised Statute (KRS) Chapter 342, a compensable injury includes any work-related harmful change in the human organism. This definition is broad enough to encompass conditions that arise from cumulative trauma. To establish a successful claim for tendonitis, you must prove two key elements:
- Causation: You must demonstrate a direct link between the repetitive duties of your job and the development of your tendonitis.
- Harm: You must show that the condition has resulted in a "harmful change," meaning it requires medical treatment, causes you to miss work, or results in a permanent physical impairment.
This is different from an acute injury where causation is often obvious—a broken leg from a fall is clearly work-related if the fall happened at work. For tendonitis, the connection must be established through medical evidence and a detailed account of your job responsibilities.
Common Jobs and Tasks Leading to Tendonitis
While tendonitis can affect workers in any industry, certain occupations carry a significantly higher risk due to the nature of their tasks. These include:
- Office and Data Entry Workers: Constant typing and mouse use can lead to tendonitis in the wrists, hands, and elbows (often called "tennis elbow" or lateral epicondylitis).
- Assembly Line and Manufacturing Workers: Performing the same motion repeatedly for hours can cause inflammation in the shoulders, elbows, and hands.
- Construction and Manual Laborers: Heavy lifting, hammering, and using power tools put immense strain on tendons throughout the body, especially in the shoulders (rotator cuff tendonitis) and knees.
- Healthcare Professionals: Nurses and aides who frequently lift and reposition patients are at risk for back, shoulder, and wrist tendonitis.
- Musicians and Artists: The fine, repetitive motor skills required of these professions can lead to tendonitis in the hands and forearms.
If your job involves any form of repetitive motion, and you've developed persistent pain, don't dismiss it as just part of the job. It could be a compensable work injury.
Securing Your Workers' Comp Benefits in Kentucky for Tendonitis
Navigating the Kentucky workers' compensation system can feel exhausting, especially when you are dealing with constant pain. The insurance company may try to argue that your condition is not work-related or that it's a pre-existing degenerative condition. Having a clear plan and understanding the process is essential to protecting your rights to workers' comp benefits.
The Critical First Step: Reporting Your Work Injury
The moment you realize your pain is more than a temporary ache and may be related to your job, you must provide notice to your employer. Under Kentucky law, you must report your injury as soon as is "practicable." Waiting too long can jeopardize your entire claim.
While a verbal report is a start, always follow up with a written notice. This creates a paper trail and a clear record of when you informed your employer. Your notice should include:
- Your name and contact information.
- The date and time you are providing the notice.
- A description of the pain and the body parts affected.
- An explanation of how you believe your job duties caused the condition.
Failing to provide timely notice is one of the most common reasons claims are denied. Don't make that mistake.
Seeking Medical Treatment: The Key to Your Claim
After notifying your employer, your next step is to see a doctor. Medical evidence is the foundation of any workers' comp claim for tendonitis. When you see the physician, be very specific about your symptoms and your job duties. Explain the exact motions you perform, how long you perform them, and when the pain started.
In Kentucky, you generally have the right to choose your own physician to treat your work injury. Your employer's insurance carrier cannot force you to see a doctor of their choosing for treatment, though they can require you to undergo an Independent Medical Examination (IME) with a doctor they select later in the claims process. It is vital that the doctor you choose understands workers' compensation cases and can accurately document the causal link between your work and your tendonitis.
What Workers' Compensation Benefits Can You Receive?
If your claim is approved, you are entitled to specific workers' compensation benefits under Kentucky law. These benefits are designed to cover your medical expenses and compensate you for lost wages while you recover.
Medical Treatment Coverage
Your employer’s workers' comp insurance should cover 100% of all reasonable and necessary medical treatment related to your tendonitis. This includes:
- Doctor visits and specialist consultations
- Physical therapy and occupational therapy
- Prescription medications
- Diagnostic tests like MRIs and X-rays
- Injections (such as cortisone shots)
- Medical devices like braces or splints
- In severe cases, surgery
You should never have to pay a co-pay or deductible for treatment related to an approved workers' comp claim.
Wage Replacement Benefits (Temporary Total Disability)
If your doctor places you on work restrictions that your employer cannot accommodate or takes you off work entirely to recover, you are entitled to wage replacement benefits. These are called Temporary Total Disability (TTD) benefits. TTD is calculated as two-thirds (66.7%) of your average weekly wage, subject to state maximums. These payments continue until you are able to return to work or you reach what is known as "maximum medical improvement" (MMI).
Benefits for Permanent Impairment
Maximum medical improvement is the point at which your doctor determines your condition is stable and unlikely to improve further. If your tendonitis results in a permanent impairment—meaning you have a permanent loss of function even after treatment—you may be eligible for Permanent Partial Disability (PPD) benefits.
An impairment rating is assigned by a physician based on the American Medical Association's Guides to the Evaluation of Permanent Impairment. This rating, along with your average weekly wage and other factors, is used to calculate a lump sum or weekly payments to compensate you for the permanent nature of your injury.
Why You Need a Kentucky Workers' Comp Lawyer for a Tendonitis Claim
Insurance companies are businesses. Their primary goal is to minimize payouts, and they often challenge claims for cumulative trauma injuries like tendonitis. They might argue that your pain is due to aging, a hobby, or a pre-existing condition unrelated to your job. This is where having a skilled workers' comp lawyer in Kentucky becomes invaluable.
An Attorney Can Prove Your Tendonitis is a Work Injury
A seasoned workers' compensation attorney understands how to build a case for a repetitive stress injury. Your lawyer will work to gather the necessary evidence, including:
- Detailed Medical Records: Ensuring your doctor’s notes clearly establish the connection between your job duties and your diagnosis.
- Expert Medical Opinions: Potentially seeking opinions from vocational experts or specialized physicians to strengthen your claim.
- Witness Testimony: Interviewing coworkers who can attest to the repetitive nature of your job tasks.
- Job Description Analysis: Formally documenting the physical demands and repetitive motions required by your position.
Without this comprehensive evidence, you are at a disadvantage against the insurance company and its team of lawyers.
Navigating Denials and Disputes with a Workers' Comp Attorney
If your claim is denied, do not give up. A denial is not the end of the road; it is the beginning of the formal litigation process. A workers' compensation attorney can file an appeal on your behalf and represent you before an Administrative Law Judge (ALJ) in Kentucky.
An attorney handles all the complex legal procedures, from filing the necessary forms and meeting strict deadlines to negotiating with the insurance company's lawyers. Most workers' comp lawyers work on a contingency fee basis. This means you pay no fees unless they successfully recover benefits for you. This removes the financial barrier to getting the expert legal representation you need.
Maximizing Your Workers' Compensation Benefits
An experienced workers' comp attorney doesn't just get your claim approved; they work to ensure you receive the full scope of benefits you are entitled to under Kentucky law. They will fight to make sure your impairment rating is fair, that your average weekly wage is calculated correctly, and that you are compensated for any future medical needs related to your tendonitis. Attempting to negotiate a final settlement on your own often results in leaving significant money on the table.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you are suffering from work-related tendonitis, you don't have to face the Kentucky workers' compensation system alone. The pain and stress of a repetitive motion injury are enough to deal with—let an experienced professional handle the legal complexities. At Brandon J. Broderick, Attorney at Law, we are dedicated to championing the rights of injured workers.
Our team has a deep understanding of the tactics insurance companies use to devalue or deny claims for cumulative trauma. We are committed to building the strongest possible case to secure the medical care and financial support you and your family deserve.
Contact us today for a free, no-obligation consultation. We will listen to your story, evaluate your claim, and explain your legal options in clear, straightforward terms. We are available day or night to assist you.