Tennis elbow workers’ compensation provides some form of protection to employees who incur tennis elbow injuries in the course of employment. It provides a payout to these injured employees as a form of wage replacement and medical benefits while they take time off work to rest and recover from their injuries. At the same time, the employer is spared from lawsuits for the tort of negligence.
Workers’ compensation works well if you are able to completely recover from your injury and be able to resume your job responsibilities. However, what happens when you lose the function of your arm partially or completely and you are not able to resume your work responsibilities? What should you do to ensure that you are protected from the loss of your livelihood?
You can consider filing for tennis elbow workers’ compensation settlement. When you suffer from a tennis elbow injury at the workplace, be sure to see a doctor immediately even if the injury does not appear to be serious. Do not attempt to self medicate. Report your injury immediately to your employer, and file a report of occupational injury. If your injury is repetitive, or if your prognosis is poor and your doctor expects you to be off work for a prolonged period because your tennis elbow injury is serious, you need to identify a specific date as to when the injury first occurred.
Usually you will be required to file your first report within approximately two weeks, according to the law where you reside. After claiming worker’s compensation, and if your tennis elbow injury is shown to adversely affect your work performance because you are unable to recover the full use of your arm, you may consider filing for a settlement.
You have three years from the date you file your first report to file suit. You can file suit on your own to the workers’ compensation board. However, it is best to do this through an attorney. You would need to include documentation from your doctor that your tennis elbow injury did occur at work, together with the specific date that the injury was first sustained.
How much settlement can you claim? Generally, an arm is worth approximately 253 weeks. You will likely require your doctor to assign an impairment rating to your arm based on your most recent visit to him, when he or she declares that you no longer need to be treated. The impairment rating will be used to calculate the monetary amount based on the rating percentage of the 253 weeks and your weekly compensation rate.
How your doctor determines your impairment rating also depends on the nature of your employment. If you are in sales, your rating is likely to be less critical as compared to that of a repairman’s.