To prove a repetitive stress injury, you will need medical records, an analysis of your job duties, and proof that connects your injury to your work. Employers are obligated to prevent RSIs by supplying ergonomic tools, training, and access to timely medical care when needed. If you have acquired an RSI as a result of your job responsibilities, you might qualify for workers’ compensation benefits.
If you are experiencing a repetitive stress injury, seek assistance in pursuing compensation by reaching out to Martay Law Office at (312) 374-6403.
Repetitive strain injuries (RSI’s), are work injuries that result from performing the same movement consistently over time. This continual action can lead to muscle, nerve, or tendon pain.
Anyone working in a role that involves prolonged periods of sitting or standing or frequently carrying out the same physical tasks is at risk of developing an RSI. RSIs develop over time, so many individuals do not actively seek medical help until the condition has progressed. On average, only 51.4% of adults with an RSI consult a medical professional. If left untreated, these conditions can become painful and disabling, making it difficult for workers to carry out even simple tasks, much less their regular job responsibilities.
When individuals consider RSIs, they often associate them with carpal tunnel syndrome (CTS). Although CTS is indeed one of the most prevalent types of RSIs, there are over 100 other types that can affect various parts and structures of the body. Other commonly occurring RSIs among workers include Raynaud’s Disease, trigger finger, Dystonia (also known as writer’s cramp), nerve entrapment disorders, radial tunnel syndrome, tendinitis, rotator cuff injuries, ACL or MCL affecting knee injuries, epicondylitis (commonly known as tennis elbow), and ganglion.
Workers can develop repetitive strain injuries (RSIs) when performing tasks that don’t match their physical abilities, overusing muscles, adopting awkward postures, using poorly designed equipment, and failing to take adequate breaks. Lack of ergonomic tools in the workplace is also a major cause of RSIs. If you experience symptoms like tingling, numbness, or muscle weakness, it’s important to take a break from repetitive motions. If the symptoms persist upon resuming the motion, it’s likely an RSI.
Symptoms vary depending on the specific type of RSI and its severity. In most cases, RSIs involve some or all of the symptoms listed below:
The symptoms typically develop slowly. You may initially become aware of them only during repetitive tasks at work. They may diminish after taking a short rest. Many patients mention that they are awakened at night by numbness or cramping. If not treated, the affected area may swell and become inflamed, and the symptoms will intensify and become constant.
To be eligible for workers’ compensation for a repetitive strain injury, you must prove the following criteria:
It can be challenging to prove a repetitive stress injury because these injuries often do not show visible symptoms. Since repetitive strain injuries can develop gradually over time, it’s difficult to establish a clear link between the injury and your job. In cases of making a claim for a repetitive strain injury, your employer and the insurance company may argue that your injury was caused by something other than your job duties. This is why having a carpal tunnel workers’ comp attorney on your side is essential, as he or she can help establish the connection between your job duties and the injury.
The first step in proving a repetitive strain injury is recognizing that you have one. This involves understanding the various symptoms, such as aches, pains, tingling, soreness, numbness, limited range of motion, reduced flexibility, weakness, and sensory loss in hearing or vision.
One of the challenges is that these symptoms develop gradually over months or even years, and you may not be fully aware of how long you’ve been experiencing them or how severe they have become.
To support your repetitive strain injury claim for workers’ compensation, take the following steps:
When you realize the discomfort you’re experiencing might be a repetitive strain injury, start keeping track of the work-related activities you think may have caused the injury. This includes noting how often and for how long you perform these tasks. Keep a record of when the pain started and track the hours you spent on the task. Additionally, gather statements from colleagues who have witnessed the repetitive nature of your job responsibilities or have had similar symptoms.
If you suspect that you have a repetitive strain injury, it’s crucial to see a doctor. Having medical documentation is essential when filing for workers’ compensation. Inform your doctor about when you first noticed symptoms, how they have progressed, and the nature of your work duties. It’s important to obtain a written statement from your doctor as evidence that your injury is work-related.
Proving a repetitive strain injury relies on obtaining a comprehensive medical report. Since these injuries can have multiple causes, doctors may provide less definitive diagnosis. However, the more detailed information you can collect from your doctor, the stronger your case will be. It’s vital to seek a medical examination promptly upon experiencing pain from repetitive movements. Like many workers’ compensation cases, your doctor’s and healthcare providers’ records will be the primary evidence for your claim.
You should ask for an ergonomic evaluation of your work area or job site to pinpoint factors that could lead to repetitive strain injuries (RSIs). This supports your claim by demonstrating that your work conditions were capable of causing your injury. This is an essential step for RSI claims, as employers and insurance companies are likely to dispute the validity of the work-related cause of your injury.
When you experience a workplace injury, it can be a difficult period. One of the most important choices you need to consider is whether to enlist the services of workers’ compensation lawyers. There are numerous advantages to engaging an Illinois workers comp attorney, including:
Hiring a worker’s compensation attorney can increase your chances of receiving fair compensation for your workplace injury. An attorney should know how workers’ comp works, can help ensure that all necessary documentation is filed on time and that your claim is handled properly, especially when dealing with large institutions like insurance companies or government agencies. An experienced attorney can navigate the legal system to ensure that all paperwork is correctly completed and filed in a timely manner. He or she can also ensure that all documents are accurate and up to date, and review legal documents to ensure their legality and terms.
The workers’ comp claim process can be complex. A workers’ comp attorney will know how to report a workplace injury. Your lawyer can help you navigate the claims process, providing advice and guidance on how to proceed with your claim.
In certain cases, you may be able to settle your workers’ comp claim. A workers’ comp attorney may know how to recover a carpal tunnel workers’ comp settlement, can assist in negotiating a fair settlement, and can ensure that you receive workplace injury compensation. He or she provides guidance, helps determine compensation amounts, reviews evidence, and offers insights into outcomes and legal processes. Understanding the legal system and processes is crucial for making informed decisions and handling your case properly.
If your case goes to court, a workers’ comp attorney can represent you in litigation to ensure you receive your benefits. It is important to research the laws and regulations that apply to your case, understand the legal process, and be prepared with relevant documents and evidence. Be aware of the legal procedures and regulations in your jurisdiction and ensure compliance with all relevant laws to avoid serious legal consequences.
Martay Law Office’s workers’ compensation attorneys can help you obtain workers’ compensation benefits that are in line with the severity of your injury, your medical requirements, and the income you have lost. Contact us for support with your workers’ compensation claim.
