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When we think about workplace injuries, we often picture broken bones, torn ligaments, or lacerations that heal with time. However, one of the most misunderstood and overlooked consequences of a work-related injury is chronic pain. For many workers in Texas, chronic pain becomes a long-term condition that drastically affects their quality of life, their ability to return to work, and their relationship with the workers’ compensation system.
In Texas, workers’ compensation laws are designed to help injured employees obtain medical care and wage benefits. Yet, when it comes to chronic pain, many workers find themselves facing hurdles in proving their condition and receiving the help they need. These challenges are not just legal—they’re deeply personal, and they affect workers and their families in profound ways.
Chronic pain is generally defined as pain that lasts for more than 12 weeks, often persisting beyond the expected time for healing. It can result from physical trauma, repetitive motion injuries, or exacerbated pre-existing conditions—all of which are common in sectors like construction, health care, transportation, and manufacturing.
Texas workers often discover that while their initial injury healed, the pain remains. This ongoing discomfort may prevent them from returning to their previous job functions or earning the same income. Despite the obvious impact, proving chronic pain in a Texas workers’ comp claim is not straightforward. Pain is subjective—meaning it’s experienced differently by each person—and it doesn't always show on diagnostic tests like MRIs or X-rays. That doesn’t make it any less real or disabling.
Many injured workers dealing with chronic pain find their struggles compounded by the Texas workers' compensation process. Under state law, the employer’s insurance provider may question the legitimacy of continued pain after the initial injury appears to have resolved. They may deny treatment or try to limit care to strictly physical therapy, despite recommendations for more comprehensive pain management.
Another obstacle is the use of designated doctors assigned by the Texas Division of Workers’ Compensation (DWC). These doctors often perform a one-time evaluation and may conclude that a worker has reached Maximum Medical Improvement (MMI), even if the worker reports ongoing pain and impairment. Once MMI is assigned, access to additional treatment can become limited unless a successful challenge is made.
What’s often hidden from public view are the emotional and mental consequences workers experience from chronic pain. Depression, anxiety, and feelings of isolation are common. When the pain endures and the legal system seems disbelieving or dismissive, workers may feel like they are fighting a losing battle—alone.
You have rights under the Texas workers' compensation system, but asserting those rights requires being proactive and informed. If you are suffering from chronic pain following a workplace injury, take these steps to protect yourself:
First, make sure you report all symptoms to your treating doctor—both physical and emotional. It is critical that medical records clearly document the existence of your chronic pain and how it affects your daily activities and work capacity. Never minimize your symptoms; doing so can be misinterpreted and used against your claim.
Second, get a referral to a pain management specialist, if possible. A specialist can help provide more in-depth documentation of your condition and may recommend more advanced treatments, such as trigger point injections, nerve blocks, or alternative therapies. This medical evidence can be essential in proving your ongoing need for care.
Third, if you receive a determination of MMI or an Impairment Rating that you disagree with, act quickly. In Texas, you must dispute an MMI or Impairment Rating within a set window through the DWC, or it becomes final. A Texas workers’ comp attorney can help navigate this process and present critical evidence to protect your benefits.
Dealing with chronic pain is hard enough without fighting an uphill legal battle. Working with a knowledgeable Texas workers’ compensation lawyer can make a crucial difference. An attorney can make sure your rights are respected, help contest improper medical decisions, and advocate for continued care and income benefits.
Too often, insurance carriers assume that if your scans are “normal,” there’s nothing wrong. But pain is more than images. It’s real, impacting every minute of your day—from the moment your feet hit the floor in the morning to the pain that keeps you awake at night. You shouldn't have to go through this alone.
Don’t be discouraged by a system that may not fully understand your condition. Resources are available, and the law does provide protections—even if they can be difficult to enforce. The most important thing you can do is to stay informed and seek help when needed.
Chronic pain is one of the most challenging and least understood consequences of a workplace injury. While it may be invisible to others, it’s very real for those living with it every day. The Texas workers’ compensation system offers options, but they require persistent documentation, awareness of deadlines, and often, legal guidance.
If you or a loved one is facing chronic pain after a work injury, don’t assume you have to endure it in silence. You deserve proper medical care, continued benefits, and the opportunity to reclaim some control over your life. The journey may be difficult, but you’re not without rights—and you’re not alone.
This post is for informational purposes only and does not constitute legal advice. If you have further questions or would like to know more, contact a lawyer right away. John Gibson is a board-certified Texas workers' compensation lawyer and may be reached at 806-763-2020.
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