Can You Get Workers’ Compensation for Repetitive Stress Injuries?
Every worker experiences the repetitive nature of their job. It’s not uncommon to find yourself doing the same tasks over and over again. When those tasks involve physical movement, it could lead to a repetitive stress injury (RSI) such as carpal tunnel syndrome.
If this injury happened on the job and requires medical treatment, you are entitled to file a workers’ compensation claim.
If your claim is approved, you could be reimbursed for doctors’ visits, physical therapy, and any recommended surgery. You can also be reimbursed for a portion of your salary during your recovery. If your RSI leads to a permanent disability, your workers’ compensation benefits might be able to cover additional salary benefits for a certain period of time.
It is important to note that just because you’re eligible, it does not mean that you will automatically be approved for workers’ compensation. In fact, your initial claim might be denied. If that happens, you have the right to appeal.
You also have the right to involve an experienced workers’ compensation attorney.
Before you file your claim, it will be important to have a thorough understanding of what this type of injury is all about and how it might involve workers’ compensation.
Understanding Repetitive Stress Injuries in the Workplace
Repetitive Stress Injuries (RSIs) are damage to muscles, nerves, and tendons that are caused by repeated motion. The most common type of RSI is carpal tunnel syndrome, impacting a person’s wrists, but it can also target rotator cuffs and lead to tendinitis and bursitis.
Unlike a workplace injury caused by an accident, RSI injuries are slow to develop. Symptoms can range from mild to severe and manifest with the following conditions:
- Tingling
- Numbness
- Swelling
- Stiffness
- Weakness
These types of injuries are not limited to construction or factory work. Office workers can also develop RSI. This is the type of injury that worsens unless you seek rehabilitation.
Eligibility Requirements for RSI Workers’ Compensation Claims
Unlike personal injury claims, you don’t have to establish fault with a workers’ compensation claim. In other words, you can file for benefits regardless of how the injury occurred. It just has to be work-related.
These are the eligibility requirements you’ll need for an approved RSI claim:
Medical Documentation
Your doctor needs to diagnose the specific RSI condition and confirm that it is work-related.
That will require evidence that your specific job responsibilities involved repetitive motions or required you to maintain awkward postures.
Timely Reporting
You also need to inform your employer of the injury as soon as possible after it is diagnosed.
After you’ve seen your doctor and the condition has been confirmed, you need to file a claim form that should be provided by your employer.
Potential Benefits Available for Repetitive Motion Claims
The type of benefits you can receive when you file for workers’ compensation benefits depends on the severity of your injury. Here is what you can submit your claim for:
- Medical Treatment: You can be reimbursed for all necessary medical care to treat the injury. That includes your doctor visits, diagnostic tests, physical therapy, and medication. In some situations, surgery might be recommended, and that will be covered as well.
- Temporary Disability Payments: If your RSI prevents you from performing your job or requires light-duty work at a lower pay, wage replacement can be available. It is important to note that this replacement will cover only about two-thirds of your average weekly gross wage. That amount is also determined by the state in which you live.
- Permanent Disability Benefits: When the injury presents with lasting, permanent damage or reduced function of a body part, you are entitled to seek permanent disability benefits. These benefits can last for a few weeks or a lifetime, if you’re unable to return to any kind of work.
- Vocational Rehabilitation: You can be reimbursed for any costs for retraining or skill enhancement when the injury prevents you from returning to the same job that caused the injury.
Common Challenges and Denials in RSI Cases
Although the workers’ compensation program is designed to help all workers injured on the job, there remains significant concern about fraudulent claims. That’s why every claim will be thoroughly investigated by the insurance carrier.
The first thing they will look at is the work-related causation.
Did your RSI really happen because of your work, or could it have been caused by non-work activities like hobbies or sports?
They might also try to assert that your injury can be attributed to a pre-existing condition that has worsened over time. If they can find such an injury in your medical history, it could be a challenge you need to overcome.
The insurance carrier might also accuse you of delaying the reporting of the injury. This is common in RSI injuries, which often flare up and then improve. If you waited to see if it would get better, they might argue that the injury is not as severe as you’re making out.
Finally, the carrier might try to claim that your injury is related to aging or genetics rather than prolonged repetitive work-related activities.
The workers’ compensation insurance company is within its rights to make those assertions, just as you’re within your rights to prove them wrong. That is when you need to align with a skilled workers’ compensation attorney.
Your lawyer can help with the initial claim filing to ensure you meet all requirements. If the claim is denied, they can represent you at the appeals board hearing. The best approach for getting what you’re owed from a workers’ compensation claim is to have the right legal guidance and support.
Don’t put your benefits at risk. At My Work Injury Advisor, we have the resources you need to help start a claim for your work-related injury.