My husband has been in the landscaping profession all his life. He is 55 and is in constant pain. He has been to doctors that suggest he needs a knee replacement and a metal rod in his back. He doesn't want either surgery but he is in a lot of pain continuing to do the work he has done all his life. Is this considered a workman's comp issue or a disability issue through his works disability policy or Social Security? We live in Colorado.
Welcome cbv!! I'm not Familiar with You States Laws, but it seems to Me that it cold be an Issue for Both w/c and SSDI. I'm Sure Someone will be on soon with a Better Answer, We have a Great Group Here, from All over the Country!! Again Welcome, and I Wish Your Husband the Best!!
Welcome cbv!! I'm not Familiar with You States Laws, but it seems to Me that it cold be an Issue for Both w/c and SSDI. I'm Sure Someone will be on soon with a Better Answer, We have a Great Group Here, from All over the Country!! Again Welcome, and I Wish Your Husband the Best!!
Thank you so much. I am hoping for some guidance because we have no idea where to start!
unknown.
there has to be a direct link between his medical condition and his work duties. Your husband will need corroborating medical opinion to support a finding of an on-the-job injury.
The direct link means the injury or occupational disease is proximately caused solely by hazards to which the worker would not have been equally exposed outside the employment.
unknown.
there has to be a direct link between his medical condition and his work duties. Your husband will need corroborating medical opinion to support a finding of an on-the-job injury.
The direct link meand the injury or occupation disease is proximately caused solely by hazards to which the worker would not have been equally exposed outside the employment.
So, I guess I need to get the advice of an attorney.
maybe.
if your husband doesn't have or can't get supporting medical opinion then a lawyer may be able to find some.
maybe.
if your husband doesn't have or can't get supporting medical opinion then a lawyer may be able to find some.
I don't think he would have a problem having a doctor support a claim that his body just can't do the physical labor due to his back and knee problems. An ankle problem is now surfacing too. I just wasn't sure if this would be workman's comp because it's not like something just happened and he got hurt. He has worked on this same campus site for 27 years but a new company bought the campus 7 years ago. They kept him on as the groundskeeper. When he first took the job he had a crew but he has been working solo for over 10 years and the toll it has taken on his body is horrible. In 1982 while he worked for the first company he ruptured a disk at work and did get Workman's Comp for a few years. He got about $100 a month but he was back to work within a few weeks though he was limited in what he could do for a short time. Over the years the back has just gotten worse and worse and the disks around the one that ruptured are now degenerating so it is bone on bone in his back and knee. So, this has happened over the course of his career.
yes. colorado comp law has provisions for occupational disease claims as well as cumlative trauma/repetetive strains.
there are strict rules and thresholds that must be met before they qualify for benefits.
yes. colorado comp law has provisions for occupational disease claims as well as cumlative trauma/repetetive strains.
there are strict rules and thresholds that must be met before they qualify for benefits.
Thank you 1171. I appreciate the input. I am on the prowl for an attorney that handles both Workman's Comp and SSDI claims. I guess they would be the best to figure out how to proceed.
cbv1
I think your missing a few things you need to do before looking for an attorney.
1) Can his treating doctor's say his current problems are related to his work?
2) Can his treating doctor's say he has a Re-agravation of an older injury?
He should have or try to have medical documents and reports that show a work relation to injury first. Then he needs to file a work comp claim with his employer once he has those medical reports.
Don't try and go at this backwards, or surely he will have a nice fight on his hands, that he really doesn't need.