Can You Get Workers’ Compensation for Tennis Elbow in Alabama?

In 2022, Alabama reported 33,500 nonfatal workplace injuries and illnesses among private industry employers. This resulted in a total recordable case (TRC) incidence rate of 2.3 cases per 100 full-time equivalent workers, underscoring the prevalence of occupational hazards and the importance of protective measures. [BLS]

Tennis elbow is a common ailment resulting from repetitive arm motions and poses a real challenge for numerous workers in Alabama. This article delves into the legal landscape surrounding workers' rights in the state, particularly concerning compensation for injuries like tennis elbow sustained on the job.

From eligibility criteria to the intricate process of filing claims, we'll shed light on the laws, entitlements, and steps individuals need to take to seek recourse for work-related injuries. Discover how Alabama's workers' compensation laws provide a safety net for those affected by tennis elbow in the workplace.

Tennis Elbow as a Workplace Injury in Alabama

In Alabama law, workers' compensation covers employees who suffer from on-the-job injuries, including repetitive stress injuries like tennis elbow. Title 25 of the Alabama Code, particularly within Chapter 5, outlines the framework and provisions for workers' compensation.

It includes compensation for disability (Section 25-5-57), actions against third parties jointly liable with employers for injuries or death (Section 25-5-11), and various other aspects related to the compensation process and entitlements.

The code specifies how compensation is determined for different types of disabilities and injuries, including those that may arise from repetitive motions leading to conditions such as tennis elbow.

Who Qualifies for Workers’ Compensation in Alabama for Tennis Elbow?

All Alabama employees who develop conditions like tennis elbow due to work-related activities are eligible for workers' compensation benefits.

The Alabama Department of Labor oversees the administration of the state's Workers' Compensation Law, ensuring that employees receive proper benefits for injuries sustained on the job.

To qualify for workers' compensation for tennis elbow, employees must demonstrate that the condition directly resulted from their job duties and occurred during the course of employment.

The key to eligibility lies in establishing a clear connection between the injury and work-related activities. This may involve repetitive motions or tasks inherent to the job that contribute to the development of tennis elbow.

For this reason, it's crucial for employees to report such injuries promptly and seek medical attention to document the nature and extent of the condition. Doing so strengthens the claims process and increases the likelihood of receiving benefits.

Determining Work-Related Causes

There are a few things you can do to prove that your tennis elbow is a work-related condition and ensure you qualify for workers' compensation in Alabama:

• Seek Medical Diagnosis – First, obtain a formal diagnosis from a healthcare provider that specifies you have tennis elbow. The medical records should indicate that the condition is consistent with the types of activities performed at your job.
• Get your Job Description – Get official documents that list your responsibilities, highlighting any that involve repetitive motion.
• Document Job Duties – Clearly outline your daily work activities, especially those repetitive tasks that could lead to tennis elbow. This could include detailed descriptions of your work processes, the frequency of these tasks, and how they relate to your injury.
• Gather Evidence – Collect any relevant evidence that supports the connection between your job duties and your injury. This could include witness statements and expert opinions.

Given the complexities involved in proving a cumulative trauma injury like tennis elbow is work-related, consulting with a workers' compensation attorney can be invaluable. Consider hiring professional legal help, as they can guide you through the claims process, help gather evidence, and represent you in disputes.

Filing Your Workers' Compensation Claim in Alabama

The first thing you should do when filing a workers' compensation claim for any work-related injury in Alabama, including tennis elbow, is to report the injury to your employer and consult about the appropriate medical provider.

It's crucial to notify your employer within five days to ensure your claim is properly documented and pursued. If liability is accepted, a WC Form 2 9/2006, also known as a First Report of Injury Form, must be filled out.

If your employer declines to accept liability or pursue your claim, consider contacting the Workers’ Compensation Division for guidance or obtaining legal representation to advocate on your behalf.

Remember, you have a two-year window from the date of the injury to submit your claim. Delay in notifying your employer about the injury right away could lead to a loss of certain entitlements, so try to report it within five days. If you fail to provide a written notice for over 90 days, you might not be eligible for compensation.

Handling Claim Denials and Appeals

If your workers’ comp gets denied, try to understand the specific reasoning behind the denial and consider hiring an Alabama workers’ compensation attorney.

Some of the most common reasons for denial include claims for injuries not considered work-related, allegations of intoxication or impairment at the time of injury, failure to promptly notify the employer, and disputes over the medical treatment or the legitimacy of the injury, especially if pre-existing conditions are involved.

Regardless of the reason, Alabama's workers' compensation system allows for several levels of appeal if your initial claim is denied.

If you decide to appeal, you will need to request a hearing with the Alabama Workers' Compensation Division by filing specific forms within a tight deadline, typically 15 days from receiving the denial.

Should the administrative law judge uphold the denial, you have further recourse by appealing to the Alabama Court of Civil Appeals and, if necessary, the Alabama Supreme Court.

It's also worth noting that Alabama does not have an administrative court system specifically for workers' compensation appeals. Instead, denied claims must be contested through a civil lawsuit in state court.

Before reaching this stage, however, you may seek assistance or mediation through the Alabama Department of Industrial Relations' Ombudsman Program, although this is typically limited to disputes over medical benefits.