I have been a factory worker for 22 years and developed Degenerative Disc Disease. Am I eligible for disability benefits?

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Question:

I am 52 years old and I worked in  factory for the last 22 years. I developed degenerative  disc disease and my doctor thinks it was because of my job, since it's in my back  and I’m always twisting and turning and lifting things up onto the assembly line in the factory. I want to get workers’ compensation benefits, including disability since my arthritis is painful and I can’t work. What do I have to do?

Answer: (1)

Degenerative disc disease can be a compensable injury under worker’s compensation if you can demonstrate that the injury arose out of the context of employment. In other words, your job duties must have caused your injury or aggravated a pre-existing condition. Certain jobs, such as factory work, may be known to cause degenerative disc disease. You should file a claim with your employer, and provide them with notice of the injury and the documentation form your doctor stating the severity of the injury and that he believes the injury is a repetitive stress injury that arose in the context of your job. To recover payments for lost wages as a result of the disability, you may have to have an examination that assigns you an impairment rating. The specific requirements vary by state, but in most cases your doctor has to determine just how disabled you are, which is evaluated by how many work and life functions are precluded by your condition. You may be able to qualify for temporary or permanent partial or total disability, depending on the severity of your condition. Because the worker’s compensation system can be complex and you may need to fulfill specific requirements for your claim to be approved, it would be a good idea to speak with a worker’s compensation attorney prior to filing a claim with your employer, in order to minimize the chances of your claim being denied.

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