Chronic pain is that hard to describe and this invisible hurdle that can make it hard to return to work or even move forward. Despite being caused from a workplace injury, chronic pain in a workers’ compensation setting is not as straightforward as what workers may like. You will need to establish a connection between your work injury or occupational disease and the pain. That can be a challenge, as you will need detailed documentation of how the pain affects treatment, function, and your ability to work.

Key Takeaways

• Chronic pain is not a separate L&I claim and must be connected to a qualifying workplace injury.
• Medical documentation is crucial in establishing a connection between the pain and workplace injury.
• L&I can cover a variety of treatment options for chronic pain.
• If you experience chronic pain, seek medical treatment, keep detailed records, and consider speaking with an attorney.

What Counts as Chronic Pain Under Washington Workers’ Compensation Rules?

You could experience chronic pain from a variety of causes:

• A traumatic workplace injury
• Surgery performed because of a workplace injury
• A condition that develops because of the original industrial injury
• A work-related condition that develops gradually

Chronic pain could be a persistent back pain following workplace lifting injury. It could be an ongoing shoulder pain from a workplace tear. You could experience nerve pain after a surgery for a workplace injury. Chronic pain can also be caused from repetitive work activity.

An Accident Causes Chronic Pain

Under Washington law an injury is a sudden and tangible incident of a traumatic nature that causes an immediate and prompt injury result. This is a complicated way of saying that the worker experienced an accident. For example, you could hurt your back in a slip and fall. Or perhaps you injured your shoulder when attempting to lift a box that is heavier than it should have been.

The legal issue becomes whether the ongoing pain and treatment are related to the accepted condition caused by the injury.

An Occupational Disease Causes Chronic Pain

The other avenue for a claim is an occupational disease which is a medical condition that arises naturally and approximately out of the unique employment requirements of your job. Examples of these types of injuries include carpal tunnel syndrome from extended time using a keyboard. Or perhaps you are required to perform a repetitive motion throughout your shift for months or years. That movement creates a qualifying condition that leads to chronic pain.

What Medical Treatment Can Workers' Compensation Cover for Chronic Pain?

Washington Workers' Compensation covers proper and necessary health care related to an accepted condition. That includes treatment that is curative or rehabilitative and accepted with standards of good practice. Normally, that treatment stops when the worker reaches their maximum medical improvement.

L&I specifically addresses chronic pain treatment. This could include opioid treatment therapy. However, this treatment requires periodic review and documentation to track meaningful improvement. Additional treatment could include:

• Physical therapy
• Occupational therapy
• Pain management
• Medication
• Other medically appropriate treatment
• Multidisciplinary rehabilitation

What If L&I Says Chronic Pain Isn't Related to Your Work Injury?

You don’t have to accept L&I’s denial of your chronic pain. Generally, workers have 60 calendar days to file a written protest or appeal of chronic pain denial.

What Should You Do If You Develop Chronic Pain After a Workplace Injury?

If you are experiencing chronic pain after a workplace injury, don’t wait to seek medical treatment. Tell your medical provider what you are experiencing and ask if it may be related to your workplace injury. Follow the treatment plan and attend any additional appointments that are recommended by your doctor.

Document everything you experience in a journal to establish your chronic pain in a Workers’ Compensation claim. Includes pain level, symptoms, and limitations. Pay attention to any claim decisions and deadlines. Consider talking with a Washington Workers' Compensation attorney if causation, treatment, benefits, or claim closure becomes disputed.

Get Legal Help for Your Chronic Pain

You don’t have to accept and live with your chronic pain. With the assistance of legal representation, you can file a claim with Washington L&I. Our legal team at Robinson & Kole can assist you with establishing a claim that connects your pain to your qualifying workplace injury. Our experienced lawyers know what evidence is most impactful in establishing chronic pain in Workers’ Compensation claims. Contact us today for a free consultation by calling 360-671-8112 or by using our online contact form.