Tennis elbow—or lateral epicondylitis—can be a debilitating injury for workers of all kinds to deal with. There are various ways in which different job duties could result in damage to the tendons inside the elbow. Unfortunately, if you cannot provide ample evidence connecting your tennis elbow diagnosis to specific actions you performed on the job, you may have trouble getting the workers’ compensation benefits you deserve.
Proving the cause of tennis elbow in injury cases requires identifying what actually led to your injury, collecting evidence detailing your eligibility for workers’ comp benefits, and often proving that you were not negligent in any way that contributed to causing the injury. Although this may seem difficult to do on your own, a seasoned workers’ compensation lawyer could be crucial to accomplishing this process without too much stress.
What Causes Tennis Elbow?
Any repetitive task that requires consistent motions over a long period of time could contribute to a worker developing tennis elbow. This includes traditional “blue-collar” work, such as painting, plumbing, and manipulating construction tools, but it also can be caused by “white-collar” tasks, such as moving a computer mouse or operating a keyboard.
If an individual experiences mild lateral epicondylitis but does not allow the damage to heal completely, they may repeatedly injure and re-injure the same tendons, causing a buildup of scar tissue that could lead to more severe tennis elbow in the future. This distinction can be crucial in some workers’ compensation claims, especially if part of the reason a worker was unable to let their injury heal is because the employer interrupted the healing process by rushing them back to work prematurely.
Key Evidence in a Tennis Elbow Claim
Knowing the repetitive work tasks likely led to an individual’s tennis elbow is one thing, and conclusively proving that connection with sufficient documentation is another entirely. However, individuals should understand two major things to focus on in this regard: proving that a specific work-related action or actions led to tendon damage and proving that those actions were consistent with their job description.
Medical records that include a formal diagnosis for tennis elbow and show the progression of the condition over time are essential to proving the cause of tennis elbow in injury claims. It could also be helpful to include employment records showing that the employee was responsible for performing certain tasks in certain ways, as well as studies and records showing the correlation of those tasks and the increased risk of elbow damage.
Could “Comparative Fault” Impact a Tennis Elbow Case?
Since most tennis elbow claims fall within the purview of workers’ compensation law, any state civil laws that allow courts to reduce compensation for plaintiffs found partially to blame for their own accidents generally do not apply. However, most workers’ comp systems do prohibit workplace accident victims from recovering compensation if their injury stemmed from the victim’s negligence.
It may sometimes be necessary to present evidence showing that a victim of tennis elbow did not cause their own injury through reckless or careless conduct at work.
An Attorney Could Help in Proving the Cause of Tennis Elbow in Injury Cases
If you have a tennis elbow injury from work-related duties, you should contact legal assistance as soon as possible. A workers’ comp attorney could help collect and preserve evidence like disciplinary records, surveillance footage, and witness testimony to help contest any such allegations.
Proving the cause of tennis elbow in injury cases may seem like a daunting task. However, with the help of an experienced lawyer, you could put forward a case with evidence to help you reach potential recovery. Contact the firm today to get started.